What is the difference between a trademark and a trade name?

A trademark and a trade name are two different types of intellectual property. A trademark is a recognizable visual symbol which distinguishes a product or service from others. It may be a logo, word, phrase, slogan, sound, smell, or design. A trademark indicates the origin of a product or service and distinguishes it from another brand. On the other hand, a trade name is a business’s name, or the name under which a business offers goods or services. It can also be referred to as a business name or a company name. The trade name can be a single name, and it may or may not be the same as the business’s legal name. In California, both trademarks and trade names can be registered at the Secretary of State’s office. It is important to register a trademark, as this provides exclusive rights to the trademark owner to use the mark in the state. Registration of a trade name does not provide the same type of protection as registering a trademark, but it allows the business to be identified by the name and prevents other businesses from using the same name.

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