Is your "trademark" really a trade name without trademark protection?
Posted by Michelle Grenier on Thu, Jul 22, 2010 @ 02:55 PM
Are you using your term as a trade name or trademark? The USPTO may find that the term for which you would like to obtain trademark registration, is used as a trade name and not a trademark. The Trademark Act does not provide for registration of trade names. For example, the name of a business or company is a trade name and the Trademark Act and the USPTO distinguishes trademarks from trade names. A trademark is used to identify and distinguish the trademark owner’s products/goods from those sold or manufactured by others and to indicate the source of the products/goods. As defined by the Trademark Act, the terms “trade name” and “commercial name” mean any name used by a person to identify its/her/his business or vocation.
Note, that use of the term in a stylized manner may help your argument that the term is used as a trademark (in addition to being used as a trade name).
In addition, you will need to submit a Specimen evincing use of the mark in commerce, in association with the goods applied for. With the specimen you will also be required to submit and certify the date of your first use in commerce of the mark and the Specimen.
Should you wish to discuss your business endeavor and corresponding legal issues with an experienced Business Lawyer, click here to schedule a free telephone consultation or contact Michelle L. Grenier, Esq. directly at 617-728-9800 or michelle@contactmylawyer.com
Keywords: boston business lawyer, Maine Business Lawyer, boston business attorney, Portland Maine business lawyer, trademark attorney, trademark lawyer, intellectual property lawyer, boston trademark lawyer, massachusetts business lawyer, massachusetts trademark lawyer