Greenberg & Lieberman
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Trademark FAQs - related questions & answers

Question: What is a certification mark?

Answer:
A certification mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce with the owner’s permission by someone other than its owner, to certify regional or other geographic origin.


Question: Do I have to register my trademark?

Answer:
No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use.

Question: Do you need to be a corporation to obtain a trademark?

Answer:
No. The trademark applicant is the one who owns the mark. Normally the person who produces the goods or who renders the services related to the mark controls the use of the mark.
 

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Daily Terms

Contributory Infringement

Definition:
Indirect infringement of intellectual property rights in which one person contributes to the direct act of infringement of another.

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.

Notice

Definition:
A formal sign or notification attached to physical objects that embody or reproduce an intellectual property right -- for example, the use of the word "patent" or its abbreviation, "pat.," together with the patent number, on a patented article made by a patent holder or his/her licensees.

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