Massachusetts License of Trade Name and Trademark with Option to Purchase

State:
Multi-State
Control #:
US-01926BG
Format:
Word
Instant download

Description

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.

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FAQ

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.

To register your Massachusetts LLC, you'll need to file the Certificate of Organization with the Massachusetts Secretary of the Commonwealth. You can apply online or by mail. Read our Form an LLC in Massachusetts guide for details. Or use a professional service like ZenBusiness or to form your LLC for you.

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.

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.

Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.

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.

The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.

Although you can apply for trademark protection for your name and logo concurrently, each is considered a separate mark. As such, each mark (i.e. your standard character mark and your design mark) requires its own application.

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 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.

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Massachusetts License of Trade Name and Trademark with Option to Purchase