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.
Missouri License of Trade Name and Trademark with Option to Purchase
State:
Multi-State
Control #:
US-01926BG
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Word
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How to fill out License Of Trade Name And Trademark With Option To Purchase?
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To qualify for trademark protection, you must meet three essential requirements. First, the trademark must be distinctive, capable of identifying your goods or services. Second, the trademark should not be merely descriptive of what you sell. Lastly, the mark must be used in commerce, which indicates that your brand is actively involved in the marketplace, enhancing its value.
Trademark infringement typically hinges on three primary factors. First, the similarity of the marks is crucial; if two trademarks appear alike, confusion may result. Second, the similarity of the goods or services can contribute to infringement, as consumers may mistakenly associate the two. Lastly, the intent of the alleged infringer is a key factor; if they knowingly create confusion, that strengthens the case for infringement.
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.
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.
Protect Your Business Name With a Trademark (Optional) Once you confirm the availability of your business name and secure it, you can choose to apply for a trademark for your business. This typically costs around $225 to $400 plus any attorney fees as well as a renewal fee every 10 years.
Normally a trademark appears on the product or on its packaging, while a service mark appears on advertising for the services. A trade name is an actual or assumed name of a business entity, not a name for a specific product or service.
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.
You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.
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.