Trademark FAQs - related questions & answers

Question: Who may file an application?

Answer:
Only the owner of the trademark may file an application for its registration. An application filed by a person who is not the owner of the mark will be declared void.

Question: Do I have to register my brand name to get trademark rights?

Answer:
Not in the United States. Here, you do not need to register a mark to establish rights to it, though registration provides significant advantages. Registering a mark makes proving your rights easier in court.

Question: What is the difference between a trademark and trade name?

Answer:
A trademark is a word, name, symbol or device, or combination of any of the same, used to identify goods made or sold by a certain person or entity. A trade name is a word, name, symbol or device, or combination of any of the same, used to identify a person’s business or occupation.
 

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