What is the difference between a Trade Name and a Trademark?
A trade name is used to identify a company or a business and serves as the name of the company or a business. In contrast, a trademark or service mark is used to identify the source of the products or services that the company or business sells or provides. However, a trade name can also function as a trademark or service mark depending upon the context in which it is used. If a trade name is used as more than just the company name and informs consumers where a product or service is coming from, then it is being used as a trademark or service mark. For example, if the name is used as a noun, (“You can get your traveler’s checks from American Express”), it is a trade name; if used as an adjective, (“You can get your American Express traveler’s checks here”), it is a trademark.
At VeriTrademark, a common mistake that we see companies make is to confuse trade names with trademarks. Specifically, many companies incorrectly assume that once they have chosen a name and registered that name with the state of incorporation, they have unlimited rights to that name in connection with their business. This is a dangerous assumption and can be quite costly!
A trade name is used to identify a company or a business and serves as the name of the company or a business. In contrast, a trademark or service mark is used to identify the source of the products or services that the company or business sells or provides. However, a trade name can also function as a trademark or service mark depending upon the context in which it is used. If a trade name is used as more than just the company name and informs consumers where a product or service is coming from, then it is being used as a trademark or service mark. For example, if the name is only used as a noun, (“You can get your widgets from Acme, Inc.”), it is a trade name; but if it is also used as an adjective, (“You can get your Acme widgets for $1.00), it is a trademark.
Trade Name means a word or name, or any combination of a word or name, used by a person to identify the person’s business which: – is not, or does not include, the true and real name of all persons conducting the business; – is something other than the legal name filed with the Secretary of State’s Office; – shall not include Inc, LLC, Corp., Co, LTD or similar legal endings; – may includes words which suggest additional parties of interest such as “company,” “and sons,” or “and associates.” The use of a Trade Name is not exclusive. For more information on Trade Names, please check with the Department of Licensing. A state level Trademark means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others, and any word, name, symbol, or device, or any combination thereof, and any title, designation, slogan, character name, and distinctive feature of radio or telev
