Trademark is different from a business or trade name. The mark identifies the goods; the name identifies the entity which does business, such as selling the goods.

Trademarks raise issues of federalism. The federal trademark law may preempt Vermont's own law on trademarks in many cases; nevertheless, some commentators still believe that state registration of trademarks will serve to establish the date on which the mark's use began more efficiently than other methods.

We may decline to register a trademark for a number of reasons. Flags, coats of arms, or other insignia of the United States or any state, municipality, or foreign country may not be included in the trademark, nor may portraits of living individuals, except with their written consent. Trademarks will be rejected if they might cause confusion or mistake in the minds of the public, if they are scandalous or immoral, or if they merely contain the name of the person or words descriptive of merchandise.

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Trademarks Defined
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Statute t.9, ch. 71
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