Greenberg & Lieberman
Intellectual Property and Litigation

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Trademark FAQs - related questions & answers

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.


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: Why are trademark owners concerned about Meta tags?

Answer:
A meta tag on a web page stores key words describing the web site to a search engine for use when someone searches for one of those keywords.
 

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Daily Terms

Trade Secret

Definition:
Business information that is the subject of reasonable efforts to preserve confidentiality and has value because it is not generally known in the trade.

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.

Dilution

Definition:
A type of infringement of a trademark in which the defendant's use, while not causing likelihood of confusion, tarnishes the image or blurs the distinctiveness of the owner's mark.

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