Trade Name vs Brand Name: Understanding the Difference

Is trade name the same as brand name?
A trade name is used in the course of business that doesn’t include the full legal name of the business. On the other hand, a brand name is a name given by an organization to a particular product or service.
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Choosing a name for your company is a crucial choice. It symbolizes your brand and could have an effect on how well you do in the market. However, a lot of individuals mistake brand names for trade names. Despite having a similar sound, they are not the same and have different consequences. We will explain the distinctions between the two in this article and provide some related information.

Are trade names and brand names the same?

Trade names and brand names are distinct concepts. The formal name of a company or firm that is registered with the government is known as its trade name. It is utilized for legal and administrative functions including tax filing and license application. A brand name, on the other hand, is the name that a business uses to sell its goods or services to the general public. It stands for the character and principles of the business. How Can You Tell If a Business Name Has Already Been Taken?

Make sure the name is not already taken by another organization before deciding on it for your company. By conducting a search in the Secretary of State’s database in your state, you can determine whether a name is available. To check if the name is already taken as a domain name or a trademark, you may also use web resources like Namechk.com or Trademarkia.com.

So, if I don’t intend to use a business name, can I register it?

You can indeed register a business name even if you never use it. You have the legal right to use a name after registering it, but you are not required to. But if you don’t use the name for a while, it might be made accessible to other people.

A DBA and an LLC cannot share the same name. Yes, a DBA and an LLC may share the same name. A DBA (Doing Business As) is a name used by a business that is different from its legal name, whereas an LLC is a legal entity that is distinct from its owners. It’s crucial to remember that creating an LLC does not immediately grant you permission to operate under the same name as a DBA. The DBA will require its own registration.

Are DBAs Allowed for LLCs?

An LLC may have a DBA, yes. DBAs are frequently used by LLCs to conduct business under various names or develop various brands. However, it’s crucial to adhere to your state’s legal criteria for registering a DBA.

In conclusion, it’s critical to recognize the distinction between trade names and brand names when deciding on a name for your company. Before registering a name, be sure to confirm its availability and be aware of the legal ramifications of utilizing a trade name or a DBA. You can build a solid brand identification and keep out of trouble with the law by doing this.

FAQ
What are the disadvantages of a DBA?

The “doing business as” name, or DBA, might have several drawbacks. The fact that the name is not given legal protection is one of its key drawbacks. This implies that a different company may use the same DBA name, which could lead to misunderstanding and legal problems. Furthermore, a DBA is not protected by trademark law, which opens the door for rival companies to use the same name for competing goods and services. Finally, utilizing a DBA name rather than a registered trademark may make it more challenging to develop a good reputation in the industry.

What is better LLC or sole proprietorship?

Which is preferable, an LLC or a single proprietorship?