A type of mark used to identify a company, partnership, or business rather than goods or services. Trade names cannot be registered under the Lanham Act unless they actually function to identify the source of particular goods or services rather than merely identifying the company itself. Trade names are generally registerable in state offices, and common law protection against the use of confusingly similar company names may be available.
See Bell v. Streetwise Records, Ltd., 761 F.2d 67 (1st Cir. 1985).
Definition from Nolo’s Plain-English Law Dictionary
The formal or official name of a business -- that is, the name the business uses on its letterhead and bank account. A trade name may serve as a company's trademark if it is used to market the company's goods or services. For example, "Dell" is the trade name for Dell, Inc. It is also a trademark used by the company for personal computers, servers, software, and certain computer-related services. Compare: trademark
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:26 pm