Trademark FAQs - related questions & answers

Question: What is the difference between a Trade Name and a Trademark?

Answer:
Trade Name means a word or name, or any combination of a word or name, used by a person to identify the person's business which: - is not, or does not include, the true and real name of all persons conducting the business; - is something other than the legal name filed with the Secretary of State's Office; - shall not include Inc, LLC, Corp., Co, LTD or similar legal endings; - may includes words which suggest additional parties of interest such as "company," "and sons," or "and associates." The use of a Trade Name is not exclusive. For more information on Trade Names, please check with the Department of Licensing.

Question: If an applicant submits a specimen, is a drawing still required?

Answer:
Yes. A drawing is required in all applications, and is used by the Office for several purposes, including printing the mark in the Official Gazette, and on the registration certificate.

Question: Is a business name the same as a trademark?

Answer:
No. A business name, as distinguished from a trademark, is used in connection with a legal or tax entity. A trademark, on the other hand is used in connection with a product or service.
 

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