Definition:
A trade name is a designation utilised to distinguish a corporation or enterprise. It is only eligible for registration if it is employed to identify particular products or services. State laws can safeguard trade names, preventing others from using them if they are excessively similar.
A trade name is a form of identification for a company, partnership, or business, rather than for goods or services. Unlike trademarks, trade names cannot be registered under the Lanham Act unless they are used to identify the source of specific goods or services, rather than just the company itself. For example, “Coca-Cola” is a trade name that identifies the company that produces the popular soft drink. However, the name “Coca-Cola” cannot be registered as a trade name unless it is used to identify the source of a specific product, such as “Coca-Cola Classic” or “Diet Coke.” Trade names are typically registered at the state level, and businesses can also receive common law protection against the use of confusingly similar company names. For instance, if a new company attempted to use the name “Coca-Cola” for their business, the original Coca-Cola company could take legal action to prevent them from doing so.
A trade name is the name under which a business operates and is known to the public. It is also referred to as a “doing business as” (DBA) name or a fictitious name.
The requirement to register a trade name varies depending on the jurisdiction. In some places, registration is mandatory, while in others it is optional. It is advisable to check with your local government or consult an attorney to determine the specific requirements in your area.
To register a trade name, you typically need to file an application with the appropriate government agency, such as the Secretary of State or County Clerk’s office. The application usually requires providing information about your business and paying a registration fee.
In most cases, two businesses cannot have the same trade name if they operate in the same industry and geographical area. However, there may be exceptions if the businesses are in different industries or operate in different regions. It is important to conduct a thorough search before choosing a trade name to avoid potential conflicts.
Yes, you can use your personal name as a trade name for your business. However, if you want to operate under a different name, you may need to register a trade name or DBA.
Yes, you can apply for a trademark for your trade name if it meets the requirements for trademark protection. Trademarks provide exclusive rights to use the name in connection with specific goods or services and can help protect your brand identity.
If someone infringes on your trade name, you may have legal recourse. You can send a cease and desist letter to the infringing party, and if necessary, file a lawsuit to protect your rights and seek damages.
In most cases, you can sell or transfer your trade name to another party. However, it is important to review any contractual obligations or restrictions that may be in place, such as licensing agreements or franchise agreements.
Yes, you can change your trade name if desired. The process for changing a trade name may involve filing a new registration or amendment with the appropriate government agency.
The consequences of not registering a trade name vary depending on the jurisdiction. In some cases, operating without a registered trade name may result in legal penalties or restrictions on your ability to enforce your rights. It is advisable to consult with an attorney to understand the specific implications in your area.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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