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

A trademark is a phrase, logo, or symbol that is used to identify and distinguish a specific product from other similar products and is used to indicate the product’s source. A trade name, on the other hand, is the name under which a business is legally operated. It is typically the name on the business registration documents and any other legally binding documents. In North Carolina, trademarks are regulated by state and federal laws, while trade names are registered with the Secretary of State. The primary purpose of a trademark is to prevent others from using the same or a similar mark for similar products or services. If someone creates a trademark and registers it with the US Patent and Trademark Office, it is a registered trademark and cannot be used by anyone else. If someone uses a similar mark, they can be sued for trademark infringement. Trade names, on the other hand, can only be used if they are registered with the North Carolina Department of Commerce. A business must register their trade name before they can legally use it. In summary, a trademark is used to identify a product and distinguish it from similar products, while a trade name is used to identify the business that offers the product or service. Trademarks are protected under federal and state laws, while trade names need to be registered with the North Carolina Department of Commerce in order to be legally used.

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