Question: What Is The Difference Between A Trading Name And A Business Name?

Trade names are also referred to as ‘operating-as names’ or ‘doing business as names’.

These business licenses allow your corporation to operate using a name that is different than the full corporate name.

Corporations must operate business under their full legal names as they are registered..

The legal name of a business is the official name of the person or entity that owns a business. If you are the only owner of your business, then its legal name is simply your full name. … For limited partnerships, LLCs, and corporations, the legal name of the business is the name registered with the state filing office.

Can I use any trading name?

You can also trade using a different name to your registered name. This is known as a ‘business name’ or ‘trading name’. Trading names must not: be the same as an existing trade mark.

Can someone steal your business name?

So, while your trademark can be the same as your trade name, your trade name is not a trademark. … And a business who steals or infringes on another businesses trademark can face consequential monetary damages from State and Federal courts if they don’t stop doing it.

The name that identifies a person for legal, administrative and other official purposes. A person’s first legal name generally is the name of the person that was given for the purpose of registration of the birth and which then appears on a birth certificate, but may change subsequently.

Should I name my business after myself?

Don’t Name a company after yourself, unless… According to Alexandra Watkins, founder of Eat My Words, a company that creates brand names for clients, you should not name your business after yourself. … They just aren’t memorable, imaginative names.

How do I choose a name for my business?

Here are 12 helpful suggestions on how to come up with a winning name for your business:Avoid hard-to-spell names. … Don’t pick a name that could be limiting as your business grows. … Conduct a thorough Internet search. … Get the .com domain name. … Use a name that conveys some meaning. … Conduct a trademark search.More items…•

What do you do if someone is using your business name?

Enforce Your Trade Mark Rights If someone else is using the same business name, attempt to resolve the dispute by contacting the other business and negotiating a favourable outcome. If this approach is unsuccessful, you can enforce your rights by sending a cease and desist letter.

How do you protect a trading name?

You can register your trade mark:At the Intellectual Property Office to protect it in the UK.At the local trade marks registry in other countries to protect it there.At the European Community Trade Marks registry, to protect it throughout the EU as a ‘European Community Trade Mark’ – one application, one fee.More items…

How do I protect my business name?

If you are using your business name as your trademark, you can also register your business name as a trademark. Registering your trademark will give you exclusive rights to it in Canada for at least 15 years (you can renew it indefinitely as long as it is still being used).

Can a sole trader use a trading name?

When you register as a Sole Trader you register your own name with HMRC and this is the name that you should be trading under (e.g. John Smith). However, you can use a ‘trading as’ name. … The best way to get around this is to register the ‘trading as’ name as a company and hold it dormant.

What is a trade name example?

A trade name is generally considered the name a business uses for advertising and sales purposes. A trade name is sometimes referred to as a “fictitious” or “doing business as (DBA)” title. For example, “McDonald’s” may be the trade name, but the legal name is “McDonald’s Corporation.” A trademark is a brand name.

What is the difference between a company name and a trading name?

When you register a company name at Companies House, it is protected by law so no other business can use it. Trading names do not receive this protection, which means that if someone wanted to register your trading name as a limited company, they could do so, whilst also demanding that you stop using it.

Can 2 businesses have the same name?

Because business names are registered on a state-by-state basis, the fact that a company in another state has the same name as yours is usually not a cause for concern. However, you are right in that there could be intellectual property issues (namely, trademark) when two companies have the same name.

Do you need to register a trading name?

A trading name is the name (or names) used by a person, partnership or company for carrying out business, which is not the same as their own name or official registered name. A business may use as many trading names as it requires, but these cannot be registered as official names of the company.

Can someone use my business name?

This means that it is possible for another person to use your trademarked name, so long as it is in a different context. Note also that if it turns out that someone was already using a similar mark in Canada on product or service similar to yours before your trademark registration, your trademark can be expunged.

What do you do if someone uses your business name?

If someone uses your name, simply showing proof that you’ve trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you’ll have legal proof that you registered the name.