Trademark FAQs - related questions & answers

Question: What are common law rights?

Answer:
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use.

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.

Question: Can a business's trade name be protected as a trademark?

Answer:
The name that a company uses to identify itself is called a trade name. This is the name the business uses on its letterhead and signage. Trade name is not considered a trademark or entitled to protection under trademark laws.
 

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