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Trademark FAQs - related questions & answers

Question: Does the U.S.Patent & Trademark Office have free searchable online patent databases?

Answer:
Yes, the US Patent & Trademark Office site has full-text and image databases of patents issued since 1790 and patent applications. TIFF software is needed to view the patent images.


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.
 

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Daily Terms

Fanciful Marks

Definition:
Comprise terms that have been invented for the sole purpose of functioning as a trademark or service mark.

Functionality

Definition:
That aspect of design that makes a product work better for its intended purpose, as opposed to making the product look better or to identifying its commercial source.

Opposition Proceeding

Definition:
A proceeding before the Trademark Trial and Appeal Board in which the plaintiff seeks to prevent the issuance of a registration of a mark.

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