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.
Hawaii License of Trade Name and Trademark with Option to Purchase
State:
Multi-State
Control #:
US-01926BG
Format:
Word
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How to fill out License Of Trade Name And Trademark With Option To Purchase?
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FAQ
The trademark performs a different function than the trade name. The trade name identifies the company while a trademark distinguishes and identifies the source of the goods or services. Confusion can also emanate from the common practice of some businesses including part of or all of the trade name in the trademark.
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).
While a trade name is not usually considered a trademark or service mark, it can be entitled to protection under trademark laws if it is used by the business to identify products or services and it is distinctive enough.
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.
Any trade name can be registered except in case of companies and LLPs. In Company and LLP ministry do not approve the similar name. If the trademark is registered with any name then the ministry will not approve a similar trade name for Company and LLP. The registration period also differs.
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.
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 company typically uses a trade name to conduct business using a simpler name rather than using their formal and often lengthier name. Trade names are also used when a preferred name cannot be registered, often because it may already be registered or is too similar to a name that is already registered.
A legal name must be registered with a state government and includes a legal ending, such as an LLC or LLP, after the title. This is used in communicating with the government. A trade name is generally considered the name a business uses for advertising and sales purposes.
Assignment of a trademark is a transfer in the ownership of the trademark registration. Whereas in licensing, the ownership and proprietary rights of the trademark continue to remain with the original owner, but only a few restricted rights to use the brand are given to the third party.