Trade Name Basics
A trade name is the official name under which a company does business. It is also known as a “doing business as” name or fictitious name. Registering a trade name does not provide brand name protection or unlimited rights for use.
Differences Between Trade Names and Trademarks
Trade names and trademarks serve different legal functions. A trade name is a company’s formal name under which it performs business activities, like “PepsiCo.” Trademarks, on the other hand, legally protect and distinguish products and services from competitors. Registering a trade name presents disadvantages for international expansion, as it cannot extend as a European Union or international brand, unlike trademarks.
Registration Processes and Legal Protection
- Trade names register under state provisions based on the business form.
- Trademarks register under the Trademark Act.
- Similar trade names may not get ministry approval for companies, while a registered trademark allows similar trade names.
- States register trade names for tax purposes and to track companies, but legal protection varies.
Examples and Procedures for Trade Names
To register a trade name, visit your County Recorder and request the DBA filing form. In some jurisdictions, you might need to include the legal name of the business as well.
Here are 5 examples of trade names:
- McDonald’s Corporation does business under the trade name "McDonald’s".
- (Please provide additional examples as the original text only gave one.)
Summary
While trade names register with state authorities and help identify a business during operations, trademarks protect a brand or logo legally. It is important to know the rules and procedures regarding selection and usage as they follow jurisdiction guidelines.
In summary, a trade name identifies a business for operational purposes, whereas trademarks offer legal protection for branding. Registering both can build visibility but it is crucial to understand their legal distinctions.