Frequently Asked Questions
TRADE NAME
What is a trade name?
Are a trademark and trade names the same things?
In general, you need to file a trade business name and it is a certificate of your business name as opposed to a certificate of a business such as a business license.
Get Your Trade Business Name Today!!
ANSWER THIS QUESTION
Under Your Trade Name?
Where is a trade name registered?
May a trade name be registered with the State before it has actually been
used in the sale of goods and services?
Is a person required to register a trademark or service mark the person
uses in State ?
What are the benefits of registering a trade name in use in State ?
Does registration of a trade name with the State mean that I own the trade
name?
What office of the federal government serves as a registry for trade name?
What is the legal significance of federal registration as compared with
state registration.
Does the State register trade names?
Will the State take action against a person using a trade name
already registered to another?
Does the State register trade name?
If the State registers a trade name, may the registrant use
the ® designation with the mark?
How does a person apply to register a trade name?
How does a person assign a trade name?
If an application for registration is approved, how long will the trade
name be registered with the State?
If an application for registration is not approved, will the application
fee be refunded?
What kinds of trade name may not be registered?
May an application cover more than one classification of goods or
services?
May an application cover more than one type of goods or services?
May an application cover more than one trade name?
What is a trade name?
A trade name is a name you use for your business and it is not your
last name.
Examples of trade name: General Electric (general merchandize); MSFT
(software); Exxon (gasoline).
Are a trademark/service mark and a trade name the same things?
No. A trade name is a name, symbol, word, or combination of 2 or
more of these that a person uses to identify the business or
occupation of the person of the person, and to distinguish it from
the business or occupation of another person whereas a trade name is
simply the registration of your business name.
Where is a trade name registered?
A trade name is registered here
A trade name that is also as a trademark or service mark may be
registered as a trademark or service mark with the State .
May a trademark or service mark be registered with the State before
it has actually been used in the sale of goods and services?
No. A trademark or service mark must be in use before it may be
registered with the State .
Is a person required to register a trademark or service mark the person
uses in State?
No. Registration of a trademark or service mark is optional.
What are the benefits of registering a trademark or service mark in use in
State ?
The benefit of registering a trademark or service mark with the
State is to give public notice of a person's claim of the
trademark or service mark. A person can check on the availability of
a mark for registration.
Does registration of a trade or service mark with the State mean
that I own the trademark or service mark?
No. Rights to a trademark or service mark in State is
acquired by using the trademark or service mark in commerce selling
a particular product or service in a particular region.
What office of the federal government serves as a registry for trade
names, trademarks and service marks?
A trade name is registered at the city, county or state lever.
A trademark or service mark is registered at the state and The U.S.
Patent and Trademark Office (USPTO) of the Department of Commerce.
The phone number for that office is (800) 786-9199.
What is the legal significance of federal registration as compared with
state registration?
Information about federal registration can be obtained from
the U.S. Patent and Trademark Office.
Does the State register patents?
No. See the above phone number and Website for federal patent
registration information.
Will the Office of the State take action against a person using a
mark confusingly similar to a mark already registered to another?
No. The Office of the State does not resolve conflicts
regarding trade name or mark ownership.
If the State registers a trademark or service mark, may the
registrant use the ® designation with the mark?
No. This designation is reserved for trademarks and service marks
registered with the United States Patent and Trademark Office. A
person who claims ownership of a particular trademark or service
mark may use the designation "TM" or "SM" regardless of whether the
mark is registered with any state or federal office.
How does a person apply to register a trademark or service mark?
To apply to register a trade or service mark, a person files:
1. an application on a state form;
2. Provide (3) specimens of the mark as used in commerce; and
3. a normally a fee of $50 (check made payable to the State you file
in).
What kind of specimens are acceptable for a trademark?
Labels, tags, containers, displays, and goods with trademark
affixed. Photographs of specimens are acceptable, and particularly
encouraged for specimens other than labels or tags.
What kinds of specimens are acceptable for a service mark?
Advertisements, photographs of signs, leaflets, brochures, copies of
a webpage.
What kinds of specimens are never acceptable?
Business cards, stationery, or any rendering that does not show use
in general commerce.
Are 3 different types of specimens required?
No. The 3 specimens submitted may be identical.
How does a person assign a trademark or service mark?
To assign a trademark or service mark, the assignee must complete
the assignment form and submit a fee or money order payable to the
State .
If an application for registration is approved, how long will the
trademark or service mark be registered with the State?
Ten (10) years.
If an application for registration is not approved, will the application
fee be refunded?
No. The fee is a non-refundable fee for processing the application.
What kinds of marks may not be registered?
A person may not register a mark that:
1. is deceptive, immoral, or scandalous;
2. may disparage, falsely suggest a connection with, or bring into
contempt or disrepute:
1. a belief;
2. an individual, living or dead;
3. an institution; or
4. a national symbol;
3. is, simulates, or includes a coat of arms, flag, or other
insignia of a government;
4. is or includes the name, portrait, or signature of a living
person, except with the written consent of that individual;
5. is likely, when, applied to the goods or services of the person,
to confuse or deceive because the mark resembles:
1. another mark registered; or
2. another mark or trade name that another person has used and not
abandoned; and,
6. unless the mark has become distinctive of a person's goods or
services, a person may not register a mark that:
1. only describes or deceptively mis-describes goods or services;
2. primarily describes or deceptively mis-describes the graphic
origin of goods or services; or
3. is primarily merely a last name.
Sole proprietors, limited liability partnerships and general
partnerships can file a trade name.
In general, you need to file a trade business name and it is a certificate of your business name as opposed to a certificate of a business such as a business license.
Get Your Trade Business Name Today!!
ANSWER THIS QUESTION
Under Your Trade Name?