Can a Trade Name be a Trademark?

Can a trade name be a trademark?
While a trade name is not usually considered a trademark or service mark, it can be entitled to protection under trademark laws if it is used by the business to identify products or services and it is distinctive enough.
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One of the first things entrepreneurs consider when beginning a business is the name of their enterprise. Customers’ initial impressions of a company come from its name, therefore picking a distinctive and memorable name is crucial. Trade names and trademarks, however, are often very unclear. A trademark might it be a trade name? Yes is the quick response, but let’s delve a little deeper.

A trade name is the name used by a company to conduct business. The phrase “doing business as” (DBA) is frequently used to describe it. A trademark, which is a symbol, term, or phrase used to identify and distinguish goods or services in the marketplace, is not the same thing as a trade name. In other words, a trademark is the name of a good or service, but a trade name is the name of the firm.

Therefore, a trademark can be a commercial name. Yes, but only if the name is utilized to distinguish and identify products or services in the marketplace. For instance, a company’s trade name, such as “McDonald’s,” can also be a trademark if it is used to identify and distinguish its products, such as hamburgers. For services, the same holds true. The trade name can also be a trademark if a business utilizes it to identify and set apart its services, like “Uber.”

Let’s now address some related queries.

Do I require a DBA in Ohio? Businesses in Ohio are not obliged to file a DBA. However, a company must register with the Ohio Secretary of State if it want to conduct business under a name other than its legal name. A trade name registration is what this filing is known as. Can I use a name for a dissolved LLC?

An LLC’s name is no longer usable if it has been canceled or dissolved. The name of the LLC, however, might become accessible for use after a specific amount of time if it was voluntarily dissolved. The name of a canceled LLC is usable 180 days after the cancellation in Ohio. Is it possible to register a business name without using it?

Yes, a company may register a name without using it. But it’s crucial to remember that the company can lose its trademark rights to the name if it doesn’t use it. The price of registering a name and any potential repercussions of not using it should both be taken into account. How much does a DBA cost in Ohio?

The cost to register a trade name in Ohio is $39 per name. The Ohio Secretary of State must receive payment of this fee, which is good for five years. The registration needs to be renewed for additional $39 after five years.

In conclusion, if a trade name is utilized to identify and distinguish goods or services in the marketplace, it may qualify as a trademark. Businesses in Ohio are not obliged to establish a DBA, but if they want to conduct business under a name other than their legal name, they must submit a Trade Name Registration. A company risk losing its right to use a name after registering it as a trademark. Trade Name registration in Ohio costs $39 and is good for five years.

FAQ
People also ask should i trademark my business name before forming my llc?

Yes, it is advised to trademark your company name before establishing your LLC to make sure the name is available and to prevent others from using it. It’s crucial to remember that creating an LLC does not automatically give the company name trademark rights. In order to receive legal protection, it is crucial to register the name as a trademark with the relevant government body.