Business

Trademark Registration: Trademark Vs Trade Name

A registered trademark is the identifier of your business, your brand that distinguishes the source of goods or services in the market. A trade name is the name your business uses to market business products or services, it is the official name of your business. There is a distinction. But in many cases, a business name starts out as a trade name, but then over time, your marketing starts using your business name to identify your products and services. Your trade name use begins to overlap with your trademark use. This could become an issue if, for example, the former trade name is found to now function as a trademark, potentially infringing on existing trademarks.

Whether a name is a trademark or trade name depends on how your company uses the mark in commerce: solely to identify your company (trade name) and/or as an identifier (trademark).

Here are some points to consider:

• When establishing a trademark, the mark must appear on marketing materials, such as packaging, website pages, signs, and the like, in a way that differentiates the mark from the surrounding text. Your displayed trademark must be prominent.

• In my opinion, if your mark is also the name of your company and, for example, it is shown with your company address, that should not be the only use of the mark in the material, as it would probably lead to the conclusion that the mark is used simply as a corporate or trade name. I’m not saying that displaying the brand or business name with your business address is fatal, just that it’s important that you also establish your brand by displaying your brand on materials without the address, as an identifier for your products and services.

• Consider showing the trademark in a different font, in a different size or color, in bold, and strongly consider giving the appropriate notation: if a trademark application is currently pending with the trademark office, use the letters TM ( the mark is used in association with a product) or SM (the mark is used in association with a service), or if registered with the trademark office, the circle-R symbol.

• Also pay attention to how your brand evolves over time. You must use your mark in association with the products or services identified in your mark registration. If those products or services change over time, or the mark changes over time, consider whether to apply for a new registration.

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