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Trademark FAQs - related questions & answers

Question: What is a specimen?

Answer:
A specimen is a real-world example of how the mark or logo 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 for a trademark.


Question: Is a business name the same as a trademark?

Answer:
No. A business name, as distinguished from a trademark, is used in connection with a legal or tax entity. A trademark, on the other hand is used in connection with a product or service.

Question: Can a business trademark a domain name for future use?

Answer:
It is possible to gain ownership of a trademark by filing an "intent-to-use" (ITU) trademark application with the U.S. Patent and Trademark Office (PTO) before actually starting to use the domain name.
 

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Daily Terms

Trademark Registration

Definition:
Involves the establishment of rights in a mark based on legitimate use of the mark.

Digital Millennium Copyright Act

Definition:
A major piece of U.S. legislation adopted in 1998 that extensively amended the copyright laws, in part to conform U.S. law to various treaty obligations, and in part to modernize the law to take into account various new digital technologies.

Fanciful Marks

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

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