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Trademark FAQs - related questions & answers

Question: Do you need to be a corporation to obtain a trademark?

Answer:
No. The trademark applicant is the one who owns the mark. Normally the person who produces the goods or who renders the services related to the mark controls the use of the mark.


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: What is a trademark?

Answer:
A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer.
 

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Daily Terms

Opposition Proceeding

Definition:
A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to prevent the issuance of a registration of a mark.

eTEAS

Definition:
Electronic Trademark Examination Application System - electronic trademark filing system. It allows the public to complete various trademark filings and transactions on-line.

Digital Millennium Copyright Act

Definition:
A major piece of U.S. legislation adopted in 1998 that extensively amended the copyright laws, in part to conform U.S. law to various treaty obligations, and in part to modernize the law to take into account various new digital technologies.

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