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.
New Mexico 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
Certain names cannot be trademarked in New Mexico, including generic terms, descriptive names, or names that are too similar to existing trademarks. Names that could mislead the public or suggest characteristics that do not apply are also not eligible. It's vital to conduct thorough research and consider legal advice when evaluating a name for trademark registration.
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 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.
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.
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.
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.
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.
If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.