Trademark FAQs - related questions & answers

Question: What is the difference between a Trade Name and a Trademark?

Answer:
Trade Name means a word or name, or any combination of a word or name, used by a person to identify the person's business which: - is not, or does not include, the true and real name of all persons conducting the business; - is something other than the legal name filed with the Secretary of State's Office; - shall not include Inc, LLC, Corp., Co, LTD or similar legal endings; - may includes words which suggest additional parties of interest such as "company," "and sons," or "and associates." The use of a Trade Name is not exclusive. For more information on Trade Names, please check with the Department of Licensing.

Question: What is a specimen?

Answer:
A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use.

Question: What is the difference between a trademark and trade name?

Answer:
A trademark is a word, name, symbol or device, or combination of any of the same, used to identify goods made or sold by a certain person or entity. A trade name is a word, name, symbol or device, or combination of any of the same, used to identify a person’s business or occupation.
 

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