November 13, 2020

Difference between trade name and trademark

trademarkWhat Is a Trade Name?

A trade name is a name under which a company or a sole proprietor does business. It also goes by the name of a DBA or a “doing business as” name. A trade name is important if a company wants to brand itself. It will be the entity by which the customers will be able to recognize the company’s products. Even if the trade name is registered, it will not provide a company with unlimited protection for the trade name. Registration of a trade name makes it possible for a company to file a corporate tax return and perform other duties related to the business.

The main purpose of registering a trade name is to ensure that the tax collection agencies know that your business exists, so it is not going to offer protection for your brand. For this, you would need to register a trademark. Even though a trade name doesn’t offer significant protections, you must choose your trade name very carefully. It will be the thing that provides your business with an identity, and you will need that to differentiate it from all of the other products that are already out there.

What Is a Trademark?

A trademark is a legal right that a company to provide its brand with considerable protections. It is an important step to take if a company wants to establish a recognizable brand in the marketplace. A trademark protects the use of several things, including names, company slogans, symbols, and logos. One example of a trademark is the swoosh that Nike registered for its products. People can easily recognize trademarks by the “TM” or “®” that is placed near the name.

Registering Trade Names and Trademarks.

In order to register a trade name or trademark, you may wish to use intellectual property lawyers. Even though you have registered your trade name, you may not be the only business entity that operates under that name. For this purpose, you would need to register a trademark.

A Dallas trademark attorney will explain that in order to register your trademark, you will have to register it separately, but your trade name will still be associated with it. You can register a trade name on the state level, but you should register your trademark on the federal level. When you do this, you will be assured that your business will be the only one with the right to use the trademark and that no other company had the right to use the same trademark before you registered it.

A registered trademark prevents other people from using your trademark. Therefore, if you suspect someone of infringing upon your trademark, you can hire a trademark attorney Dallas to file a lawsuit against the other company. If someone accuses you of infringing upon his trademark, you can also hire a trademark attorney in Dallas TX to fight the other party.

Hiring an Attorney

You are within your rights to register your trade name or trademark on your own, but the best thing to do is hire a Dallas intellectual property attorney. Your trademark attorney will complete this work for you. This is beneficial to you because it ensures that the registration process has been done in the proper manner. You will be assured that a thorough investigation has been completed and that it is unlikely that someone will accuse you of infringing upon her trademark one day.

At Badmus & Associates, we practice intellectual property law. If you believe that someone stole your ideas from anything that you have written, we are here to help you. If you created something and you wish to protect it with a trademark, we can help you as well. Contact us today.

This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances. For a comprehensive evaluation of your legal situation and options, you are invited to call us at 214-494-8033 or complete our consultation form below