A trade name, also known as a business name, is the name which a business trades under for commercial purposes, although its registered, legal name, used for contracts and other formal situations, may be another. A logo is name, symbol, or trademark designed for easy and definite recognition, sometimes used, as in this case, for easy and definite recognition of a business or service. A licensor may grant a license under intellectual property laws authorizing the use by another party of a logo, trade name, trade mark or service mark.
Florida License of Trade Name and Trademark with Option to Purchase
State:
Multi-State
Control #:
US-01926BG
Format:
Word
Instant download
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FAQ
It can be beneficial to establish your LLC before securing a trademark. Setting up your LLC protects your personal assets, while trademarking your business name ensures brand protection. However, if your brand identity is crucial to your business strategy, consider trademarking first to secure your name. Ultimately, it depends on your immediate needs.
The three main requirements for trademarks include distinctiveness, use in commerce, and non-confusion with existing trademarks. Your trademark must clearly identify your goods or services, be in actual use, and not cause confusion with another's trademark. This ensures that your brand remains unique and legally protected.
Choosing between a trademark and an LLC depends on your business goals. A trademark secures your brand identity, while an LLC protects your personal assets from business liabilities. For many entrepreneurs, combining both can provide comprehensive legal protection. Therefore, consider assessing your business needs to make an informed decision.
Trademark, same name, same class is an expression that means more than one business entity registering the same trademark name in the same product and service class with the United States Patent and Trademark Office (USPTO).
A trademark can be associated with or it can be part of your trade name and can be used to provide legal protection for the use of names, logos, symbols, or company slogans.
A trade name is used in the course of business that doesn't include the full legal name of the business. On the other hand, a brand name is a name given by an organization to a particular product or service.
A licensed mark is a trademark that a franchisee, or other licensee, has obtained the right to display for a certain period of time. The licensee doesn't own the trademark, but the trademark owner has granted him the right to display the trademark for a limited time, and subject to certain conditions.
Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.
Because the United States Patent and Trademark Office (USPTO) operates on a federal level, you're up against trademarks in all other states. If you want to fully protect your business name along with any marks associated with it, you'll need to register both the trademark and the trade name.
The law makes a definite distinction between the twoa trade name refers to the company's official name, while a trademark provides a company's brand with legal protection.