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Is a company name automatically 'Trademarked'?
If it is a legally incorporated business entity filed with the sate of California? Or is it necessary to also file for trademark rights separately?
Thanks in advance!
1 Answer
- Nuff SedLv 78 years agoFavorite Answer
A company name registration is not, by itself, a trademark. It is not necessary in any US state to "file" for trademark rights. You may OPTIONALLY file in one or more states or in the USPTO. You may OPTIONALLY use a company name as a trademark and register it after having used it as a trademark.
A trademark is a distinctive word, design, slogan, color or sound that is applied to goods or services in commerce as a means of indicating their source and quality. Just operating under the company name is no more a trademark than operating a website with your domain name. Unless it FUNCTIONS as a trademark, it is not a trademark.
Source(s): uspto.gov/trademarks FAQ and basic facts on trademarks, registered and non-registered