trade name

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A trade name is 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)

[Last updated in June of 2024 by the Wex Definitions Team]