Trademark FAQs - related questions & answers

Question: Is the name of a band a trademark?

Answer:
It depends on how it is used. A band name may function as a service mark for entertainment services in the nature of performances by a musical group if it is used to identify and distinguish the service of providing live performances.

Question: Can the Office refuse to register a mark?

Answer:
Yes. The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols or devices function as trademarks.

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.
 

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