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Helpful Information / Articles: Trademarks - Trade Name A trade name or commercial name is any name used to identify and distinguish a business or vocation, just as a trademark is used to identify and distinguish goods and services. There is no provision for the registration of trade names which are used solely as a trade names under federal trademark law. Nontheless, wording which constitutes a trade name may be used in such a way that it functions as a trademark or service mark, and therefore may be registered as such. It may be possible to register a trade name that is used solely as a trade name under state law. Trade names may also be protected by state common law and the Federal Lanham Act §43(a), and may be of infinite duration. TAYLOR RUSSELL & RUSSELL, P.C. Telephone: 512-338-4601 Copyright ©2006 Taylor Russell & Russell, P.C. All rights reserved. |