Trademark FAQs - related questions & answers

Question: How do I find out if I need patent, trademark and/or copyright protection?

Answer:
Trademarks are brand names and/or designs which are applied to products or used in connection with services. Trademark rights may be used to prevent others from using a confusingly similar mark.

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: Should local businesses care what trademark someone else in another part of the country is using?

Answer:
Yes. Vast numbers of businesses, even local, have put up their own websites, creating the potential for confusion in the marketplace.
 

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