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Trade name (view source)

Revision as of 21:40, May 9, 2008

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A '''trade name''' is a name used by a business to identify itself in transactions, bank accounts and filings with state government.  All but three states -- [[Maine]], [[Nevada]] and [[Wyoming]] -- require an abbreviation indicating the corporate status of the business in its official corporate name, such as "Inc." or "Corp."  Most states also forbid choosing a trade name that implies a purpose different from the actual stated purpose of the company.
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A '''trade name''' is a name used by a business to identify itself in transactions, bank accounts and filings with state government.  A trade name can be merely an assumed name under which the business presents itself to the public, as in a "doing business as, or 'd.b.a.'"
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All but three states -- [[Maine]], [[Nevada]] and [[Wyoming]] -- require an abbreviation indicating the corporate status of the business in its official corporate name, such as "Inc." or "Corp."  Most states also forbid choosing a trade name that implies a purpose different from the actual stated purpose of the company.
    
A '''trade name''' should not be confused with a [[trademark]], which is used to sell a particular [[good]] or service.
 
A '''trade name''' should not be confused with a [[trademark]], which is used to sell a particular [[good]] or service.
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Federal and state law protect against infringement on a trade name.  The elements of trade name infringement typically include:
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*establishing ownership of a right to operate a business under a certain name
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*establishing that an infringer violated this right by using a similar name
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Priority of adoption of the trade name, or priority in filing it, establish the rights to it, depending on the state law.
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Federal law, the Lanham Trademark Act (15 U.S.C. § 1051 et seq.), protects trade names that are used regularly and continuously.
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Imaginative or fanciful names receive protection more readily than common names.  Generic names may not be entitled to any protection.
 
[[category:business]]
 
[[category:business]]
 
[[Category:trademark]]
 
[[Category:trademark]]
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