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A trademark vs Business Name: Do you know the difference?

Business Name

A Business name is the official name of a person or entity that owns a company. It essentially designates the name under which a business is operated. It may or may not be trademarked but needs to be registered federally. It should be registered to comply with the legal requirements of incorporating a business. It is a contractual requirement to register a company name. If you want to identify your business with a name that is different from the legal entity it must be registered. Whereas A trademark is a unique set of words, signs, design, or a combination. It used to distinguish the goods and services in the market. It provides you protection from any infringement issues. Registering a trademark is not compulsory but it gives benefit to your business.

Trademark

A trademark provides legal protection for an emblem, logo, slogan, expression, term, design, or other item associating goods or services with your company. A Business name or trade name is your company’s official name under which it does business. However, it is very different from trademarks where trademarks are registered in association with particular products and services. So, trade names, or business names, there is nothing that prevents you from having one name for a company and completely different product names or service names that you can get as a trademark. So, when you incorporate your business, just because you’re able to register your company in a particular name, it does not mean that you now have a trademark.

These are two completely separate areas of government who look at it. The Trademarks Office is separate from the Corporate Office. So, make sure that if your names, brand names, if they’re valuable to you, you should register them as a trademark and don’t rely solely on the registration of your company name.

A Business Name is a kind of trademark that can be registered. The business name is designed to identify the company as a whole. For example, “Proctor & Gamble” a company that holds so many trademarks. Trademark is a symbol, word, or words legally registered by representing a company or under the personal name.

Related: How Would You Do With Copycat Competitors?

A business Name is a Trade name. The name people know about your business. Different from your dba–which is the legal name you register for your business; this is the name you’d use to advertise and sell your products and services. Choosing a name for a company can be the first step in developing a new identity for the business and establishing a new image. It is the first impression your growing company will get from the public. Today, coming up with a good business name is more difficult than ever because many of the best names have already been trademarked. But with advertising costs and rising competition, a good name is crucial for creating a memorable image of the business. In short, the name you choose can make or break your business.

A trademark requires a separate registration from a trading name, and that must be done at federal rather than state-level alone. The registration of a trademark ensures the exclusive use of the trademark to a person or company, legally establishes that the trademark was not already used by any other company before your registration of the trademark, and offers official government protection against any other business which subsequently infringes your trademark. It also offers legal liability insurance against someone who later argues that you infringe a trademark that has been licensed previously.

The Standard Connotations:

A trade name is an official title beneath which a company does commerce. It is additionally known as a “doing trade as” title, expected title, or invented title. A trading title does not manage any brand title security or give you boundless rights for the utilize of that title. Be that as it may, enlisting an exchange title is a vital step for a few – but not all – businesses (more on this underneath).

Your Trademark or brand name is protected by a trademark and may also be associated with your trade name. Symbols, logos, and slogans may also be covered by a trademark. Reputation is one of the most important assets in the company so it’s worth preserving.

Registering Your Trademark 

Choosing to register a trademark is up to you, but one of its most valuable assets is your business name and identity so it is worth protecting.

Related: Different Types of Trademark and Validity of Trademark Protection

The registration of a trademark guarantees exclusive use, legally establishes that your mark is not already being used, and provides protection from any liability or infringement issues that may arise by the government. Initially being careful will definitely save you long-term trouble. You may choose to apply for the registration of trademarks personally or to hire an intellectual property lawyer to register with you.

Know more about the difference between trade name and trademark. Contact for a free consultation.

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