Whats the difference between a business name and a trademark or service mark?
The name that a business uses to identify itself is called a trade name. This is the name the business uses on its stock certificates, bank accounts, invoices and letterhead. When used to identify a business in this way – as an entity for non-marketing purposes – the business name is given some protection under state and local corporate and fictitious business name registration laws, but it is not considered a trademark or entitled to protection under trademark laws. If, however, a business uses its name to identify a product or service produced by the business, the name will then be considered a trademark or service mark and be entitled to protection if it is distinctive enough. For instance, Apple Computer Corporation uses the trade name Apple as a trademark on its line of computer products. Although trade names by themselves are not considered trademarks for purposes of legal protection, they may still be protected under federal and state unfair competition laws against a confusing
