Trademark FAQs - related questions & answers

Question: Do I have to register my trademark?

Answer:
No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use.

Question: Do I have to be a U.S. Citizen to obtain a federal registration?

Answer:
No. However, an applicant's citizenship must be stated in the record. If an applicant is not a citizen of any country, then a statement to that effect is adequate.

Question: Can a business's trade name be protected as a trademark?

Answer:
The name that a company uses to identify itself is called a trade name. This is the name the business uses on its letterhead and signage. Trade name is not considered a trademark or entitled to protection under trademark laws.
 

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