Trade Name vs. Brand Name: Understanding the Difference

Is trade name and brand name the same?
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 the ideal name is among the most crucial factors to take into account when starting a business. But “trade name” and “brand name” are frequently used synonymously, which might be confusing. So, a trade name and a brand name are the same, right? The quick response is no. Although they both refer to the name that a company works under, the terms have different legal meanings.

The name that a company chooses to identify itself to the public is referred to as a trade name, sometimes known as a “doing business as” (DBA) name. All legal papers, including contracts and corporate registrations, utilize this name. Multiple businesses may use the same trade name, thus it is not necessary for it to be distinctive. If John Smith, for instance, has a landscaping company called “Green Gardens,” he may register “Green Gardens” as his trade name. But another landscaping company in the same locale is permitted to use the name “Green Gardens.”

A brand name, on the other hand, is a distinctive name or symbol that sets apart a company’s goods or services from those of its rivals. A brand name is connected to a certain standard of excellence, and in order to stop others from adopting it, it is often registered as a trademark. For instance, the brand name “Coca-Cola” is connected to a particular kind of soft drink. A corporation may be prosecuted for trademark infringement if it used the “Coca-Cola” name to promote a comparable commodity.

Let’s address some questions that are linked now that we are aware of the distinction between a trade name and a brand name. Is registering a trading name required? The state and the kind of business will determine the answer. Businesses must register their trade names with the Secretary of State’s office in various states. Other states do not need registration, however it is advised to do so to stop competing firms from using the same name. To find out the laws in your state, it is preferable to speak with an attorney or accountant.

How can you tell whether a name is already being used by a company? Make sure the name is not already in use by conducting a search before deciding on a trade name or brand name. The United States Patent and Trademark Office’s trademark database, the Secretary of State’s business name database, and an internet search can all be used to do this. Additionally advised is hiring a trademark lawyer to carry out a more complete search.

By trade name, what does SBA mean? A trade name is the name that a firm uses to conduct its operations and identify itself to the public, according to the Small firm Administration (SBA). To safeguard their legal rights and stop others from using the same name, the SBA advises firms to register their trade names.

How much does it cost to register a trade name in Arizona in relation to this? Businesses must register their trade names with the Arizona Corporation Commission in Arizona. Every five years, the registration must be renewed; the registration price is $10.

To sum up, a trade name and a brand name are two different things. A brand name is a distinctive identifier connected with a certain product or service, whereas a trade name is the name under which a business works. To safeguard legal rights, it is crucial to register the trade name and conduct a check to make sure the name is not already in use. Finding out the criteria in your state can be assisted by speaking with a lawyer or accountant.

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