Greenberg & Lieberman
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Trademark FAQs - related questions & answers

Question: Can a fax copy or photocopy of an application be filed?

Answer:
You cannot transmit an application by means of facsimile transmission, i.e., by "faxing" it to the Office, but you can file a photocopy or a fax copy by U.S. mail or hand delivery.


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.

Question: Do I have to register my brand name to get trademark rights?

Answer:
Not in the United States. Here, you do not need to register a mark to establish rights to it, though registration provides significant advantages. Registering a mark makes proving your rights easier in court.
 

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Daily Terms

Trade Secret

Definition:
A trade secret includes proprietary knowledge and other confidential information that companies keep secret to give them an advantage over their competitors.

Contributory Infringement

Definition:
Indirect infringement of intellectual property rights in which one person contributes to the direct act of infringement of another.

Canceled

Definition:
Trademark registration is no longer viable. It may be due to the registrant's failure to file the required continued use affidavit under Section 8 of the Trademark Act,

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