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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