Who can apply for a trademark?
An Individual (Person)
An individual not doing any business is also eligible to file a trademark application and obtain trademark registration for a word or symbol that is proposed to be used by him/her in the future. When filing trademark application as an individual, the full name of the applicant is required.
What qualifies for a trademark?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.
Can I register a trademark without a company?
There’s no legal requirement for you to register a trademark. Using a business name can give you ‘common law’ rights, even without formally registering it.
Can trademark can be used as domain name?
Ans: It is a process that has been established by ICANN resolve dispute regarding domain names. … The trademark can be used as domain name.
What are the 3 types of trademarks?
There are four categories of trademarks: (1) fanciful or arbitrary, (2) suggestive, (3) descriptive, and (4) generic.
Can a person register a trademark?
The trademark must be applied for under the actual owner’s name. … The owner of the trademark is the person who controls the nature and the quality of the goods sold or the services rendered under the trademark. The owner can be an individual.
What Cannot be registered as a trademark?
Section 13 and 14 of the Act provides that trademarks containing specific names cannot be registered. Trademarks which have a word that is commonly used of any single chemical element or chemical compound in relation to a chemical substance or preparation cannot be registered.
Can an LLC own a trademark?
There are many different types of legal entities that can own a trademark. The most common that we see, and also the simplest, are LLCs and corporations. Usually, a LLC or corporation develops a mark to identify itself as a source of goods or services.
Can you register a trademark without a company USA?
I’m trademark attorney Josh Gerben, and I would like to talk about: Can you file a US trademark application even if you are not currently located in the United States? The answer is yes. Anybody, anywhere in the world can file a US trademark application.
Should a company register its trademarks?
It is not mandatory for businesses to register their trademark. Your company can establish common law rights to a mark based solely on the use of it. However, registering your mark has many advantages – the biggest one being exclusive legal rights.