Bohan Mathers: Trademarks versus Trade Names. What's the difference?
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The name on the door of a business, the name in the telephone book, or the name on a Web site, is the name under which a person or company does business. It's a business name. It's not per se a trademark.signpost

Selecting a business name is relatively uncomplicated. There are few restrictions. In general, as long as no one in the same market area -- that's usually in the same state in the U.S. -- is using exactly the same business or corporate name, then only practicality, preference, and community standards matter in the choice of a name.

Even when a company expands into another market (state, territory, or country), where its corporate name, company name, or current business name may be in use by another, the company may still do business in that market under an "assumed" name or "d/b/a" (doing business as) name, as long as the registration to do business in that market correctly identifies the actual person or business entity to be known by the assumed name. The name on the building or in the phone book under which business is conducted, often called a trade name, is not a trademark.


A trademark is not the name that appears on the sign over the door, nor the name listed in the telephone book. A trademark is, specifically, the mark placed on the goods sold by a business, or the mark used in advertising and promotion to identify the particular services provided by a business. This mark, often refered to as the "brand" or the "label," distinguishes the actual goods and services traded in commerce by one business from the goods and services of any other manufacturer or provider. A trademark on a product may sometimes use the same name as the trade name of the business that manufactures the goods or provides the services. Or a trademark may incorporate the trade name. But the trademark is not the same as the trade name. Likewise, a business's "logo" may be used as or in a trademark, but a logo is a trademark only if it is used as a trademark on the goods, or in connection with the services that the business sells.

For a number of reasons, the choice of a trademark must be made with care -- in addition, of course, to the special, practical concerns related to advertising and marketing. Not the least reason for taking special care to choose a trademark is that a considerable investment will go into identifying that mark with a particular product or set of products. Such an investment should not be made into something that ultimately may not be protectable as a trademark in every market in which the products identified by the mark may be sold.


Trade Name

A trade name -- or business name -- is the name under which a person or company does business.

Trademark

A trademark -- or brand name -- is the device which identifies the particular goods made, or services provided, and sold by a business.

for example ...

Corporate name, trade name, business name, and a trademark of the business may all be the same -- although this is often not the case. The Xerox Corporation manufactures and markets XEROX® (brand) copiers and business equipment.
XEROX trademark
Sometimes a trademark will be the same as a trade name of a business. Tandy Corporation, by means of Technology Properties, Inc., doing business as Radio Shack, sells Radio Shack® brand products, as well as Tandy's Optimus® audio products.
RADIO SHACK trademark

Most often, though, the business name and its brand names are not the same. Among (many) other things, Kraft Foods, Inc., markets JELL-O® desserts and Kool Bursts® juice drinks. [4]
JELL-O trademark KOOL
Xerox® is a registered trademark of Xerox Corporation
Radio Shack® is a registered trademark of Technology Properties, Inc.
Optimus® is a registered trademark of Tandy Corporation.
JELL-O® and Kool Bursts® are registered trademarks of Kraft Foods, Inc.
Note: the trademark information in this page is taken from the public records of the U. S. Patent and Trademark Office. These marks have been chosen as examples; none of the named companies sponsor this page or have any affiliation with our firm.

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The Fine Print:
The information provided in this Web site summarizes some of the laws, regulations, and other considerations related to intellectual property. Neither the information you find here nor anything posted in the Internet should be taken in lieu of sound legal advice given within an attorney/client relationship.

Bohan Mathers & Associates, LLC, Portland, Maine
© 1997 Bohan Mathers. All rights reserved .