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Trademarks vs. Trade Names
A trademark is a word, logo, symbol or design (individually or in combination) displayed on commercial goods or their labels or containers. A trademark used for services is displayed in association with the provision or advertisement of the services. The purpose of a trademark is to identify to purchasers the goods or services of a manufacturer or vendor of such goods or services, and to distinguish those goods or services from the goods or services of others. The trademark generally indicates that the goods or services come from, or are approved or sponsored by, the same source as all other goods or services provided in association with the same trademark. The trademark may also or instead indicate that the goods or services meet the same standard of quality as all other goods or services provided in association with the same trademark.
A trade name is a name under which a particular business is carried on by an individual, partnership or company. It may be the corporate name of the company carrying on the business. A trade name displayed on goods or their labels or containers, or displayed in the provision or advertisement of services, may also function as a trademark.
Registration and adoption of a corporate name does not give a company the right to use that corporate name in connection with a given business if in so doing, the company causes confusion with a previously adopted trademark or trade name of some other person. So anyone planning to use a given company name should clear that name by conducting an appropriate search of previously used and registered trademarks and trade names. Furthermore, any company seeking to protect any distinctive word or word combination in a corporate name for use in association with given wares or services should take steps to register the distinctive word or words as a registered trademark.
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