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: 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 drawing?

Answer:
The "drawing" is a page which depicts the mark or logo applicant seeks to register. In an application based on actual use, the drawing must show the mark as it is actually used, i.e., as shown by the specimens.
 

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