Trade Name§
Definition§
A trade name, also known as a business name or fictitious business name, is the name under which a business chooses to operate. It is the public-facing name a company uses in its transactions and marketing endeavors. However, a trade name is not always or necessarily trademarked, which means that while it represents the business identity, it does not offer the exclusive rights typical of a trademark.
Examples§
- Coca-Cola: While “The Coca-Cola Company” is the legal name registered, “Coca-Cola” is the trade name.
- GOOGLE: “Alphabet Inc.” is the parent company’s official legal name, and “Google” is used as a trade name.
- CRAFTY BAKES: A small bakery uses this name for selling its products, though the legal registered name might be “Julia’s Bakery Ltd.”
Frequently Asked Questions§
Q1: What’s the difference between a trade name and a trademark? A: A trade name is used for operating a business and may or may not be trademarked, while a trademark is a symbol, word, or phrase legally registered or established by use as representing a company or product.
Q2: Do I need to register my trade name? A: While not all jurisdictions require registration, it is advisable to register your trade name to adhere to local business regulations and avoid potential legal issues.
Q3: Can a single business have multiple trade names? A: Yes, a business can operate under multiple trade names depending on its strategies for different markets or products.
Q4: Can another business use the same trade name? A: If the trade name isn’t trademarked, there’s a risk that other businesses might use a similar or the same name, potentially causing confusion in the market.
Q5: How do I protect my trade name? A: Registering your trade name within your operating jurisdiction helps, but trademarking it offers stronger legal protection.
Related Terms§
- Trademark: A recognisable sign, design, or expression identifying products or services with a particular source.
- Fictitious Name: Another term for a trade name, often required to be registered in many jurisdictions.
- Business Name Registration: The process of registering the operating name of a business with the relevant authority.
Online References§
Suggested Books§
- “The Business Name Book: A Proven System to Create a Great Brand Name” by Louise Levison provides insights into choosing effective business names.
- “Brand Thinking and Other Noble Pursuits” by Debbie Millman offers deep dives into brand strategy, including naming and identity.
Fundamentals of Trade Name: Business Law Basics Quiz§
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