Fact-checked by Grok 2 weeks ago

Trade name

A trade name, also referred to as a "doing business as" (DBA) name, fictitious name, assumed name, or trading name (in some jurisdictions), is a designation used by an individual, partnership, corporation, or other business entity to identify its operations in commerce, which may differ from the entity's official legal name. Unlike a corporate or legal name, which is formally registered with relevant authorities to establish the entity's existence, a trade name serves primarily as a practical identifier for marketing and transactions without inherently providing exclusive intellectual property protection.^[1] Trade names play a crucial role in business branding by allowing flexibility in how a company presents itself to customers, such as a sole proprietorship operating under a memorable alias rather than the owner's personal name. Registration requirements vary by jurisdiction; in many, it is mandatory when using a name different from the legal entity name to provide public notice, prevent conflicts, and enable enforcement of rights or opening accounts under the name, while in others it is optional but recommended. Where applicable, registration is handled by relevant government authorities depending on the jurisdiction, and in some places requires periodic renewal to maintain validity. Importantly, a trade name does not confer the same legal safeguards as a trademark, which protects specific goods or services from imitation; trade names focus on identifying the business itself rather than products. Businesses must ensure their trade names do not infringe on existing trademarks or other rights to avoid legal disputes. Practices regarding trade names, including terminology and requirements, vary significantly by jurisdiction.^[1]

Overview

Definition

A trade name, also known as a trading name or operating name, is the name under which a business, company, partnership, or other entity conducts its commercial activities, distinct from its official legal entity name.^[1]^[2] This name is used to identify the business to customers, partners, and the public in everyday transactions and marketing.^[3] The primary purpose of a trade name is to enable businesses to operate under a more memorable, descriptive, or marketable identifier without altering their formally registered legal name, providing flexibility in branding while maintaining official records.^[3]^[4] Additionally, registering or disclosing a trade name creates a public record of the true ownership, helping to prevent consumer confusion about the entity behind the business and ensuring transparency in dealings.^[4]^[5] For example, a corporation legally named "ABC Corporation" might use the trade name "QuickMart Stores" for its retail operations to appeal to customers.^[3] Common abbreviations for trade names include "Doing Business As" (DBA) in the United States and "Trading As" (t/a) in the United Kingdom and Ireland.^[2]^[6]^[5] Trade names function as identifiers of the business's source in commerce, similar to trademarks but without the associated intellectual property protections.^[2]

Historical Development

The concept of trade names, as distinct identifiers for business operations separate from legal entity names, emerged in the 19th century amid growing commercial activity and concerns over fraud and misrepresentation. In the United States, the first law regulating fictitious business names was enacted in New York in 1833, requiring partnerships using names other than the owners' true names to file certificates disclosing ownership.^[7] This approach spread to other states, with California's Civil Code provisions originating in 1872 and mandating similar filings to reveal true ownership, influenced by the New York statute.^[7] In the early 20th century, as corporate expansion accelerated, additional states adopted DBA statutes to promote accountability and consumer protection. For instance, Michigan's Act 101 of 1907 regulated carrying on business under assumed names. In the United Kingdom, the Registration of Business Names Act 1916 required firms not using the surnames of all partners or owners to register their business names, creating a public record to aid transparency in trade.^[8] The 1883 Paris Convention for the Protection of Industrial Property marked an early international milestone by including Article 8, which protects trade names in member countries without requiring filing or registration.^[9] Post-World War II globalization heightened the need for harmonized regulations on business identifiers to mitigate cross-border confusion and infringement risks. The World Intellectual Property Organization (WIPO), established in 1970 to administer treaties like the Paris Convention, facilitated international discussions and model laws in the 1980s to align national practices.^[9] In the UK, the Business Names Act 1985 consolidated earlier rules, requiring disclosure of true ownership in business documents and publicity.^[10] These developments reflected broader efforts toward unified protections in an increasingly interconnected economy.^[11]

Terminology and Distinctions

Trade Name vs. Trademark

A trade name serves to identify the business entity itself, functioning as the name under which a company operates, often referred to as a "doing business as" (DBA) or fictitious name, and is typically registered at the state or local level to ensure transparency in business operations and prevent public deception by disclosing the entity's true identity.^[2]^[1] Unlike intellectual property protections, a trade name registration does not confer exclusive rights or prevent others from using similar names for their businesses, as its primary purpose is administrative compliance rather than branding enforcement.^[2] In contrast, a trademark protects specific words, phrases, symbols, designs, or combinations thereof that identify and distinguish the source of particular goods or services in commerce, requiring the mark to be distinctive and actively used to qualify for registration.^[12] Trademarks are registered with the United States Patent and Trademark Office (USPTO) at the federal level, granting nationwide exclusive rights against infringement and enabling legal enforcement through courts to prevent consumer confusion.^[12]^[2] This protection extends internationally through agreements like the Madrid Protocol, emphasizing the trademark's role in safeguarding brand identity for products or services rather than the business entity as a whole.^[12] The key differences lie in their scope and legal effects: a trade name does not provide intellectual property rights and cannot stop competitors from using it in product branding, whereas a trademark offers robust exclusivity specifically for goods or services, allowing the owner to sue for damages in cases of unauthorized use.^[2]^[1] For instance, "Joe's Cafe" might be registered as a trade name to identify the business operation, but a separate logo or slogan for its coffee products could be trademarked to protect against imitation in the marketplace.^[2] Overlap is possible if a trade name is also employed as a source identifier for goods or services and meets trademark criteria, in which case it can receive dual protection through separate registrations.^[2] Legally, trade name registration ensures compliance for business operations by maintaining public records of entity identifiers, often linking to the official legal entity name, while trademark registration establishes enforceable intellectual property rights that promote fair competition and brand integrity on a broader scale.^[2] This distinction underscores why businesses must pursue trademark protection separately to secure branding advantages beyond mere operational naming.^[12]

Trade Name vs. Legal Entity Name

A legal entity name, also known as the official or registered business name, is the formal designation filed with the relevant government authority during the formation of a business entity, such as a corporation, LLC, or partnership.^[13] This name typically includes indicators of the business structure, like "Inc." or "LLC," and is used for essential legal and administrative purposes, including contracts, tax filings, banking, and establishing liability.^[3] For example, a company might be officially registered as "XYZ Corporation" with the secretary of state.^[4] In contrast, a trade name, often referred to as a "doing business as" (DBA) name, serves as an alternative operating name that a business can use for its day-to-day activities, particularly in marketing and public-facing interactions, without altering its core legal documents.^[14] This allows flexibility for branding purposes; for instance, "XYZ Corporation" might operate under the trade name "Friendly Widgets" to appeal to customers, dropping formal suffixes for simplicity.^[3] However, in legal contexts such as contracts or official disclosures, the underlying legal entity name must still be revealed to ensure transparency and prevent misrepresentation.^[13] Businesses, including sole proprietorships and corporations, commonly adopt trade names when their operating identity differs from the registered entity name, which is often required to avoid fraud or confusion in commercial dealings.^[4] This distinction matters in scenarios like sole proprietors branding under a catchy name separate from their personal name, or larger entities testing market names without full reincorporation.^[14] Trade names provide operational agility, as adding or changing one typically involves simpler registration with local or state offices compared to amending a legal entity name, which demands formal filings, fees, and potential shareholder approvals.^[3] Nonetheless, trade names do not confer ownership rights or exclusivity, merely permitting public use under the entity's legal umbrella.^[13]

Trade Name vs. Brand Name

A trade name refers to the official name under which a business operates and conducts transactions, often registered at the state or local level for legal and administrative purposes. In the United States, it functions primarily as an identifier for the company's commercial activities, such as in contracts and banking, but lacks inherent protections against imitation in marketing contexts unless separately trademarked (protections vary by jurisdiction; see relevant sections below). For example, "Smith Holdings LLC" might use "Smith Landscaping" as its trade name (DBA) to focus on specific services.^[15] In contrast, a brand name constitutes the broader, multifaceted identity of a product, service, or the business itself, incorporating elements like logos, slogans, visual aesthetics, and the cultivated reputation among consumers. It emphasizes emotional and perceptual associations, serving as the core of marketing strategies to build loyalty and differentiate in the marketplace. While a brand name may originate from or coincide with the trade name, it extends far beyond mere operational use to encompass the overall equity and goodwill generated through advertising and consumer experience.^[16]^[17] The key differences lie in scope and purpose: a trade name is strictly functional and tied to the business's legal operations, whereas a brand name is strategic and perceptual, often protected through intellectual property mechanisms to safeguard its distinctive elements. In the Walmart case, where Walmart Inc. operates under the name "Walmart" (its legal and trade name), this underpins a brand that includes trademarked features like its yellow smiley face logo and slogan "Save money. Live better," which contribute to consumer trust and market value. Brands thus build intangible assets like reputation, which a trade name alone does not confer.^[15]^[18] Practically, significant overlap occurs when trade names are leveraged through marketing to become synonymous with brands, blurring lines in consumer minds while maintaining separate legal statuses. For instance, many companies use their trade name as the foundation for branding, but the brand's evolution involves ongoing investment in promotion, distinct from the trade name's registration under the legal entity name. This distinction ensures that while trade names facilitate business functionality, brand names drive competitive advantage and long-term value.^[16]^[17]

Legal Framework

Protection and Rights

Trade names are primarily protected against deceptive or misleading use that causes confusion among the public regarding the source of goods or services. This safeguard operates under general principles of unfair competition law, preventing others from adopting similar names that could imply affiliation or endorsement. In many jurisdictions, common law rights to a trade name emerge from prior and continuous use in commerce, without requiring formal registration.^[19]^[20] Business owners acquire rights to a trade name through such prior use, establishing priority over subsequent users in the relevant market. These rights do not grant an automatic monopoly, as with trademarks, but instead focus on prohibiting uses that engender likelihood of confusion. Registration of a trade name, where available, primarily serves to provide public notice of use rather than creating substantive exclusive rights.^[19]^[21] Enforcement of trade name rights typically involves seeking judicial remedies such as injunctions to halt infringing activities and monetary damages to compensate for economic harm from fraud or unfair competition. Courts may award actual damages and defendant's profits in appropriate cases. International treaties like the Paris Convention extend limited reciprocity by mandating protection for trade names in all member states without the obligation of filing or registration, though enforcement remains subject to national laws.^[22] Protection for trade names is inherently territorial, confined to the geographic area where the name has been used and recognized, and generally weaker than intellectual property protections like trademarks, which offer broader exclusive rights against similar uses. Rights may lapse if the trade name is abandoned or not actively used in commerce, requiring ongoing vigilance to maintain priority.^[19]^[23]

Registration and Compliance

The registration process for a trade name typically begins with conducting a name availability search through the relevant local or state business registry to ensure the proposed name does not conflict with existing registrations. Businesses then file an application with the appropriate authority, such as a county clerk's office or secretary of state, submitting a form that details the trade name, the underlying legal entity or owner's name, business address, and description of intended use. This filing is accompanied by payment of a nominal fee, usually ranging from $10 to $100 depending on the jurisdiction, and in certain cases, requires publication of the notice in a local newspaper to allow for public objections. Once approved, the trade name is recorded in public databases, providing notice to third parties.^[24]^[25] Key requirements for registration include full disclosure of the true owner or legal entity associated with the trade name, along with evidence of the entity's formation or authorization to operate, such as articles of incorporation for corporations. The process emphasizes transparency, ensuring the trade name links back to the accountable party, and registrations are generally valid for 1 to 5 years before renewal is necessary. These records are maintained as searchable public documents to facilitate verification by creditors, partners, and regulators. Post-registration, the trade name grants limited protections, such as the ability to use it in commerce without immediate challenge based solely on prior unregistered use in the same area.^[26] Ongoing compliance involves periodic renewals, often annually or every few years, to keep the registration active, as well as prompt updates for any material changes like alterations to the name, ownership, or business location. Businesses must also ensure continued use of the trade name in commerce to avoid abandonment claims. Non-compliance, such as failing to renew or update, can lead to penalties including monetary fines, revocation of the registration, or legal disabilities like the inability to sue for breach of contract or collect on debts in the trade name.^[25] Across jurisdictions worldwide, trade name registration is frequently integrated with broader business licensing procedures at the local, provincial, or national level, varying by administrative structure rather than following a standardized global protocol. Unlike trademarks, which can be pursued internationally through mechanisms like the Madrid Protocol, trade names lack a unified system and must be registered separately in each relevant territory to achieve local recognition and compliance.^[27]^[25]

By Jurisdiction

United States

In the United States, trade name registration is primarily a state-level matter, with no centralized federal registry dedicated to trade names. Businesses operating under a name different from their legal entity name—often filed as a "doing business as" (DBA) or fictitious business name—must register with the appropriate state agency, typically the secretary of state or county clerk's office. This process varies across the 50 states, each with unique forms, requirements, and fees; for example, in California, fictitious business name statements are filed at the county level, with a base filing fee of $26 in Los Angeles County for the first name and registrant.^[28] The purpose of these filings is to provide public notice of the true ownership behind the trade name, preventing consumer deception and facilitating legal identification.^[4] At the federal level, the United States Patent and Trademark Office (USPTO) does not register trade names, as they are distinguished from trademarks under the Lanham Act, which governs federal trademark protection and unfair competition claims. Instead, trade names must avoid infringing on registered trademarks to prevent liability under Section 43(a) of the Lanham Act, which prohibits false designations of origin that cause confusion.^[29] Rights to a trade name are generally established through prior use in commerce, granting common law protections without formal registration, though state filings offer evidentiary benefits in disputes.^[30] Some states impose additional notice requirements, such as publishing the trade name in a local newspaper; in California, for instance, filers must publish the statement once a week for four consecutive weeks in a newspaper of general circulation in the county.^[31] Trade name registrations are subject to renewal in most states to maintain active status, often every five years, though periods range from one to ten years depending on jurisdiction—for example, California's fictitious business names expire after five years and require renewal filing.^[32] As of 2025, many states have enhanced online filing capabilities through dedicated portals, streamlining DBA submissions and reducing paperwork; Delaware, for instance, centralized trade name registrations into a mandatory online system effective February 2, 2026, via the Division of Revenue's One Stop portal, with a re-registration window for existing filers to follow.^[33] Post-COVID-19, there has been greater emphasis on digital compliance in business naming to support remote operations and e-commerce, with states like California offering fully electronic filing options including identity verification and payment.^[34]

United Kingdom

In the United Kingdom, a trade name, also known as a trading name or "doing business as" (DBA) name, refers to any name under which a business operates that differs from its registered legal name. Unlike company names, trade names are not formally registered as separate entities but must comply with disclosure and non-misleading requirements under the Companies Act 2006. This framework ensures transparency for customers and suppliers while preventing deception, with no equivalent to a U.S.-style DBA filing; instead, businesses using trade names must prominently disclose their legal identity on all business documents, websites, and premises.^[35]^[36] For limited companies, the legal entity name is registered with Companies House, the official registry, during incorporation, and trade names can be used alongside it without additional registration, provided they do not imply limited liability or mislead the public. Under section 82 of the Companies Act 2006, companies must state their registered name, place of registration, and registration number whenever a trade name appears on business letters, order forms, invoices, receipts, or websites. Sole traders and partnerships, which are not incorporated, register for tax purposes with HM Revenue and Customs (HMRC) via Self Assessment and may adopt a trade name without Companies House involvement, but they too must disclose their full legal name (e.g., the owner's surname and initials) on all business materials to avoid non-compliance. The Companies House register is publicly searchable via an online availability checker, which helps prevent duplicate company names but does not cover unregistered trade names, relying instead on trademark checks and common law protections to address conflicts.^[35]^[37] Trade names must adhere to specific rules to ensure they are not offensive, misleading, or suggestive of false prestige. Prohibited elements include words implying limited liability, such as "Limited," "Ltd," "LLP," or "plc," and sensitive expressions like "Royal," "Accredited," or "British" that require prior approval from the Secretary of State or relevant government department to prevent misuse or implication of official endorsement. Annual confirmation statements filed with Companies House under section 853 of the Companies Act 2006 confirm the accuracy of registered details, including any changes to principal business activities that may involve trade names, though trade names themselves are not separately listed unless they form part of nature-of-business descriptions. Protection for trade names primarily arises under the common law tort of passing off, which safeguards established goodwill against misrepresentation by competitors, requiring proof of goodwill, deception, and potential damage without needing formal registration.^[38]^[39] Enforcement of trade name rules falls under Part 41 of the Companies Act 2006, which consolidated and repealed the earlier Business Names Act 1985, imposing requirements for disclosure and prohibiting deceptive practices across all business forms. Violations, such as failing to disclose the legal entity name or using an approved sensitive word without permission, are criminal offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale (currently £5,000). Following Brexit, the UK's trade name regime operates independently from EU directives, maintaining alignment with pre-existing domestic standards but without supranational oversight, as confirmed in ongoing Companies House reforms through 2025 that emphasize transparency without altering core registration processes. Companies House can direct changes to misleading names and issue penalties, with the searchable register aiding enforcement by facilitating public and regulatory scrutiny.

Canada

In Canada, trade name registration—often referred to as business name registration—is primarily a provincial and territorial responsibility, distinct from federal trademark protection under the Trade-marks Act.^[40] Businesses operating under a name other than their legal entity name must register it with the relevant provincial registry to comply with local legislation, such as Ontario's Business Names Act, which requires registration for any trade, occupation, or venture carried on for profit.^[41] This process ensures public notice and prevents misleading names, with registration providing limited protection against identical names within the province but not exclusive rights nationwide.^[42] A key step in provincial registration is conducting a NUANS (Newly Upgraded Automated Name Search) report, a federal search tool administered by Innovation, Science and Economic Development Canada that scans for conflicts with existing corporate names, business names, and trademarks across Canada.^[43] The report, obtained from authorized providers, confirms name availability and is typically required before filing; for example, in Ontario, businesses submit the NUANS report along with the registration application through ServiceOntario for a fee of $60, valid for five years before renewal is needed.^[44]^[45] Similar processes apply in other provinces, such as Alberta or British Columbia, where fees and validity periods align closely, though exact requirements vary by jurisdiction.^[46] Federal involvement arises for businesses operating extra-provincially or incorporating federally through Corporations Canada, which uses the NUANS system for name approvals under the Canada Business Corporations Act but does not directly register trade names.^[47] The Trade-marks Act explicitly distinguishes trade names from trademarks, allowing trade name registration only if the name functions as a trademark for goods or services, while common law rights in a trade name accrue through prior continuous use in commerce, enabling enforcement against passing off without formal registration.^[40] For corporations, trade names must not imply a different legal entity and cannot be misleading; if operating as a corporation, the trade name registration often references the incorporated entity to avoid deception.^[42] Publication in a newspaper is not required in most provinces, including Ontario, streamlining the process compared to some incorporation filings.^[44] Violations of provincial rules, such as using an unregistered or misleading trade name, incur penalties under acts like Ontario's Business Names Act, with fines up to $2,000 for individuals and $25,000 for corporations, plus potential court orders to cease use.^[45] As of 2025, digital harmonization efforts are advancing, with mandatory electronic filing for federal beneficial ownership registries and CRA business number (BN) integrations in provincial systems to reduce duplication; for instance, the Canada Revenue Agency now requires online-only BN registrations effective November 2025, aligning provincial trade name processes with federal tax identifiers for multi-jurisdictional operations.^[48]^[49] This mirrors aspects of U.S. state-level systems but emphasizes Canada's push toward unified digital platforms.^[42]

European Union

In the European Union, trade name protection operates primarily through national laws of the 27 member states, without a centralized EU-wide registration system, though harmonization is achieved via directives on company law and interconnections between national registers. Trade names, which identify businesses in commerce, are protected under Article 8 of the Paris Convention for the Protection of Industrial Property, to which all member states are parties, granting rights in every country of use without formal registration requirements.^[50] The core EU framework for transparency in business naming is provided by Directive (EU) 2017/1132, which codifies aspects of company law including requirements for company names to indicate legal form and ensure distinctiveness, while prohibiting misleading names that could confuse the public. This directive mandates disclosure of company details, including names, in national registers, promoting mutual recognition across borders under the freedom of establishment principle in the Treaty on the Functioning of the European Union (TFEU). Complementing this, the Business Registers Interconnection System (BRIS), established under Directive 2012/17/EU, links national registries to enable free online access to company information—such as registered business and trade names—for users across the EU, facilitating cross-border verification and reducing administrative barriers. Member state implementations vary, with each maintaining its own registry for trade names; for instance, Germany's Handelsregister requires registration of trade names used in commercial activities and provides public search functions for conflict checks. Protection against unfair use of trade names often spills over from the EU Trademark Regulation (EU) 2017/1001, where established prior trade names can oppose conflicting EU trademark applications on grounds of likelihood of confusion or unfair advantage. National laws further safeguard against passing off and misleading practices, aligned with broader EU unfair competition rules. Essential rules emphasize ownership disclosure in accessible registers to prevent anonymity in business operations, with protection duration linked to the ongoing existence and genuine use of the business, lapsing upon non-use under national provisions. Enforcement occurs via national courts, supported by EU-wide principles from Court of Justice of the European Union (CJEU) case law, which prohibits trade names that mislead consumers or exploit reputation across borders. As of 2025, developments in the digital single market have strengthened cross-border name checks through full implementation of Directive (EU) 2019/1151, which updates company law to require online registration processes and digital filing, enhancing BRIS for real-time e-commerce verifications and reducing hurdles for pan-EU business naming. Post-2020 amendments to these directives have further integrated trade name transparency with online platforms, ensuring compliance in digital trade environments.

Japan

In Japan, trade names, referred to as yōgo for general business use or yagō specifically for sole proprietorships, are registered via the Legal Affairs Bureau under the Commercial Registration Act of 1951, which establishes a public notification system to ensure credibility in commercial activities.^[51] For incorporated entities, the trade name is submitted as part of the initial company registration process, integrating it directly with the corporate structure, and there is no standalone "doing business as" (DBA) mechanism; changes require filing amendments to the existing registration.^[52]^[53] Trade names must employ Japanese characters or approved foreign scripts, including Romanized alphabets designated by the Minister of Justice, to facilitate clear public identification.^[54] The resulting commercial registry, managed by the Legal Affairs Bureau, is publicly searchable by name or registration number through official services, enabling verification of business details.^[55] Protection against unauthorized imitation arises under the Unfair Competition Prevention Act of 1993, which deems it an unfair act to use identical or similar business indications that cause confusion with another's trade name, allowing affected parties to seek injunctions and damages.^[56] Sole proprietors adopt a yagō through a straightforward notification to the local tax office via the "Notification of Business Commencement" form, without mandatory full registration, though it may be noted for banking or official dealings.^[57]^[58] Registrations remain valid indefinitely while the business is active, with filing fees typically around ¥150,000 for initial company incorporations that include the trade name, or lower amounts such as revenue stamps for amendments.^[59] As of 2025, amid heightened foreign direct investment scrutiny under the Foreign Exchange and Foreign Trade Act, Romanized trade names in English continue to be permissible without novel approval processes, supporting international business entry.^[60] Ongoing digital enhancements to the commercial registry, including expanded access via the National Tax Agency's Corporate Number Publication Site, improve searchability for global users.^[61]

Other Selected Jurisdictions

In Argentina, trade names, often referred to as "denominaciones comerciales" or doing business as (DBA) names, are registered through the Inspección General de Justicia (IGJ), the federal authority overseeing commercial entities and aimed at preventing fraudulent business practices by ensuring name uniqueness and transparency.^[62] In Brazil, trade names are primarily handled by state-level Boards of Trade (Juntas Comerciais), which approve and register business names as part of company formation, while the National Institute of Industrial Property (INPI) oversees related trademark protections. Names must comply with rules on uniqueness and non-deception, and official documents are prepared in Portuguese.^[63]^[64] Ireland requires registration of business names, commonly known as "trading as" (t/a) names, with the Companies Registration Office (CRO) under the Companies Act 2014, which harmonizes with EU directives on consumer protection and fair trading. This process ensures names do not deceive the public and can be filed online via the CORE system for quick approval.^[65]^[66] In Kenya, non-corporate entities such as sole proprietorships and partnerships must register business names with the Registrar of Companies under the Business Names Act (Cap. 499), administered by the Business Registration Service (BRS) to promote transparency and prevent name conflicts. The process is now fully online through the eCitizen portal, with mandatory registration for any business operating under a name other than the owner's true name.^[67]^[68] Nigeria's Corporate Affairs Commission (CAC) manages business name registrations for small and medium enterprises (SMEs), which are particularly common for sole proprietorships and partnerships, requiring online submission via the CAC portal to verify availability and avoid deception. While no annual returns are needed, registrations must be renewed every 10 years to remain active, with fees starting at ₦20,000 as of October 2025.^[69]^[70] Singapore's Accounting and Corporate Regulatory Authority (ACRA) handles business name approvals through its BizFile+ online platform, offering a streamlined process that typically takes 1-2 days for approval and reserves the name for 120 days. Registrations for sole proprietorships and partnerships are valid for 1 or 2 years, renewable online up to 60 days before expiry, with a focus on preventing misleading names.^[71]^[72] In Uruguay, trade names are registered with the National Registry of Commerce (RNC), similar to Argentina's system, as part of company incorporation to ensure distinctiveness and compliance with regional standards influenced by Mercosur trade agreements. The process emphasizes anti-deception measures, with online filing available through government portals.^[73]^[74] Across these jurisdictions, common themes include a strong emphasis on local anti-deception regulations to protect consumers from misleading business identities, alongside varying registration fees (often under $100 equivalent) and increasing digital access via online portals as of 2025, contrasting with more decentralized approaches in major economies like the United States.^[75]^[71]

References

[1]
[PDF] How trademarks and trade names differ - USPTO
A trade name is simply the name of your business. Some people refer to them as “business names,” “company names,” “doing business as names,” “DBA names,” or “ ...
[2]
Choose your business name | U.S. Small Business Administration
Jul 19, 2024 · Entity name protects you at a state level · Trademark protects you at a federal level · Doing business as (DBA) doesn't give legal protection, but ...Missing: aspects | Show results with:aspects
[3]
Is there a difference between a corporate name and a trade name?
A trade name is a name under which a person transacts business, other than one's legal name (personal name) or a registered corporate name, general or limited ...
[4]
Trade Name - | dlcp - DC.gov
Definition of Trade Name. A trade or fictitious name is any name used in business that does not include the full legal name of all the owners of the business.
[5]
Trade Names - CT.gov Business
Jan 1, 2025 · A trade name is a fictitious name under which business is transacted, sometimes referred to as “doing business as” or “d/b/a.”
[6]
Trade names - Business FAQs - Colorado Secretary of State
A trade name is an assumed name used to identify the business or activities of an individual or organization. Sometimes a trade name is referred to as a “doing ...Missing: definition | Show results with:definition
[7]
Section 1329.01 - Ohio Revised Code - Ohio Laws
(1) "Trade name" means a name used in business or trade to designate the business of the user and to which the user asserts a right to exclusive use.
[8]
[PDF] Trade Name and Trademark Handbook - Arizona Secretary of State
Aug 12, 2005 · The registration of trade names and trademarks is not legally required in our state, but is an accepted business practice. It is important to ...
[9]
What is a trademark, service mark and a trade name?
A trade name is an actual or assumed name of a business entity, not a name for a specific product or service. Follow us. Licensing and Regulatory Affairs ...
[10]
Chapter 19.80 RCW: TRADE NAMES - | WA.gov
(4) "Trade name" means a word or name, or any combination of a word or name, used by a person to identify the person's business which: (a) Is not, or does not ...
[11]
trade name | Wex | US Law | LII / Legal Information Institute
A trade name identifies a company, partnership, or business, not goods or services. It can be registered in state offices.
[12]
Trade Name vs. Business Name: What's the Difference? - LegalZoom
Rating 4.6 (25,409) Aug 13, 2024 · A trade name is the name under which a business operates, while a trademark identifies and distinguishes the source of goods or services which builds brand ...What is a legal business name? · What is a trade name? · Benefits of trade names
[13]
Understanding the Role of a DBA - BFI Guide | Wolters Kluwer
Registration of a DBA name is required so that the public knows the actual owner of the business they're buying from or dealing with. A DBA is not a trademark.
[14]
Limited liability partnerships: incorporation and names - GOV.UK
May 1, 2024 · If you're a sole trader or partnership that uses a different trading name, you must display your own name (sole trader) or all the partners' ...
[15]
What Is a DBA and When to File One For Your Business - Shopify
Sep 19, 2024 · ... business as” is “DBA” or “d/b/a.” In other countries, “trading as” is more common, with “t/a” the abbreviation. Some states refer to the ...
[16]
The history of trade marks - EUIPO - European Union
Aug 14, 2023 · Traders and merchants have marked their goods since the early days of agriculture and commerce, whether to indicate ownership (for example, ...
[17]
Medieval Guilds – EH.net - Economic History Association
Merchant guilds were organizations of merchants who were involved in long-distance commerce and local wholesale trade, and may also have been retail sellers of ...Missing: Greece | Show results with:Greece
[18]
Guild | Trade Associations & Their Role in Medieval Europe
Merchant guilds were associations of all or most of the merchants in a particular town or city; these men might be local or long-distance traders, wholesale or ...
[19]
Trade Marks through time – a UK history - Trademarkroom
Jul 26, 2024 · First Formal Legislation: The Trade Marks Registration Act of 1875 was the first formal legislation to establish a trademark registration ...
[20]
[PDF] Fictitious Business Names - California Law Revision Commission
This document is a recommendation and study by the California Law Revision Commission regarding fictitious business names, directed by a 1957 resolution.<|separator|>
[21]
WIPO — A Brief History
WIPO's history includes the Paris and Berne Conventions, BIRPI as its predecessor, and its transformation into WIPO in 1970. It joined the UN in 1974.
[22]
[PDF] World Intellectual Property Report - WIPO
From its humble beginning as an identifier of origin, branding has evolved into a sophisticated business tool employing professionals as diverse as data ...
[23]
What is a trademark? - USPTO
Mar 31, 2021 · A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.
[24]
Legal Names Versus Trade Names in Business - LawDepot.com
Sep 7, 2023 · A legal name is the official name on legal forms, while a trade name is what a business presents to the public, often used for advertising.
[25]
Company Names vs. Trade Names: Understanding the Legal ...
Jul 21, 2021 · One such goal is the prevention of consumer confusion as to the ... company's trade name can help you to expand and protect its trademark rights.
[26]
Trade Name vs Brand Name: Key Legal and Marketing Differences
Apr 23, 2025 · Trade names must often be registered at the state or local level, whereas brand names are typically protected through trademarks. A trade name ...
[27]
Walmart Changes its Legal Name to Reflect How Customers Want to ...
Dec 5, 2017 · Walmart will continue to trade on the NYSE as WMT and the company name should be referenced as Walmart. Walmart's formal legal name when it ...Missing: brand | Show results with:brand
[28]
What is the difference between your trade name and your brand ...
Jan 13, 2025 · For example, the brand must be distinctive. A brand name can be the same as your trade name. But you can also come up with a separate brand name ...
[29]
Your trade name is not a brand name. Avoid this expensive mistake.
A trade name is the name you use to refer to your company. In other words, it is the name under which you present yourself with your company to the world.
[30]
Main Differences Between Trademarks, Brands, and Trade Names
Feb 12, 2025 · Businesses use trade names to identify themselves, as opposed to trademarks that identify goods or services, or brands that indicate the overall ...
[31]
Trade Names Under the Law | Intellectual Property Law Center - Justia
Oct 15, 2025 · Trade names can be registered in state offices, such as the county clerk's office, and in some states there is common law protection when two ...
[32]
[PDF] the anti-competitive aspects of trade name protec - Chicago Unbound
As the common law doctrine stands, the good will of a business and the persuasive value of a trade name are protected within the limits set by the confusion ...
[33]
https://revenue.delaware.gov/trade-names-faqs/
[34]
Trade Name Infringement: Legal Risks and Protections - UpCounsel
Rating 4.9 (1,740) May 14, 2025 · Injunctions – Courts can order the infringing party to stop using the trade name. Monetary Damages – These may include actual damages, profits ...
[35]
Summary of the Paris Convention for the Protection of Industrial Property (1883)
### Protection of Trade Names under the Paris Convention
[36]
Common Law Trademark Rights - BitLaw
Common law trademark rights are limited to the geographic area in which the mark is used. Thus, if a coffee blend is sold under the name BLASTER in California ...
[37]
DBA Guide: What is Assumed Business Name - Wolters Kluwer
An assumed business name, also called a DBA (doing business as) name, is used by an entity that is conducting business under a name that is not its legal name.
[38]
Managed Doing Business As (DBA) Services - Harbor Compliance
Rating 4.3 (212) State and county requirements to register trade names for your business can be found in our 50-State DBA Guide in the Information Center. Furthermore, you must ...
[39]
Register your business | U.S. Small Business Administration
Mar 7, 2025 · For most small businesses, registering your business is as simple as registering your business name with state and local governments.Register Your Business · Register With State Agencies · File State Documents And...Missing: disclosure | Show results with:disclosure
[40]
Fictitious Business Name (FBN) Fees
First-time and renewal FBN filing is $26. Additional names/registrants are $5 each. Search is $5 per name. Certified copy is $2. Online fee is $10.75. Debit/ ...Missing: 2025 | Show results with:2025
[41]
Lanham Act | Wex | US Law | LII / Legal Information Institute
The Act provides for a national system of trademark registration and protects the owner of a federally registered mark against the use of similar marks.
[42]
U.S. Trademark Law - Digital.gov
“Common law” trademark rights are acquired automatically when a business uses a name or logo in commerce, and are enforceable in state courts. Marks ...<|control11|><|separator|>
[43]
What Are DBA Publishing Requirements? - Startup Savant
Oct 25, 2024 · There are a total of seven states that have some form of publishing requirement for DBA acquisitions: California, Florida, Georgia, Illinois, ...
[44]
Doing Business Under a Fictitious Name - Harbor Compliance
Rating 4.2 (174) The process of adopting an assumed name varies by where you operate, but registrations are typically filed with the secretary of state or at the county level.
[45]
Delaware Centralizes Trade Name Registration: Mandatory Re ...
May 2, 2025 · Delaware corporations and LLCs must re-register trade names by August 1, 2025, through the new online system, with the Delaware Division of ...<|control11|><|separator|>
[46]
How To File a DBA by State - FindLaw
Business owners can typically register a DBA name at the state or county level. This means you must file your paperwork with either the secretary of state or ...
[47]
Set up a private limited company: Choose a company name - GOV.UK
Incorporate a private limited company - register it with Companies House and rules on directors, shares, articles of association and telling HMRC about the ...
[48]
Chapter 6 Trading disclosures - Companies Act 2006
Chapter 6 requires companies to disclose their name and specified information, as required by regulations, in specified locations, documents, or on request.
[49]
Become a sole trader: Choose your business name - GOV.UK
Sole trader names must not: include 'limited', 'Ltd', 'limited liability partnership', 'LLP', 'public limited company' or 'plc'; be offensive ...
[50]
Annex A: Sensitive words and expressions that require prior ...
Jul 15, 2024 · Annex A: Sensitive words and expressions that require prior approval to use in a company or business name - GOV.UK.Assurance / Assurer · Banc / Bank / Banking · England / of England / English · Fund
[51]
Passing off—goodwill, misrepresentation and damage - LexisNexis
Sep 12, 2025 · Passing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks.
[52]
Trademarks guide - Government of Canada
Sep 26, 2022 · A trade name can be registered under the Trademarks Act only if it is also used as a trademark; that is, if it is used to identify goods or ...Understanding trademarks · Use in Canada (section 45...
[53]
Business Names Act, R.S.O. 1990, c. B.17" - Ontario.ca
In this Act, “business” includes every trade, occupation, profession, service or venture carried on with a view to profit.
[54]
Choosing a business name – 3. Register your name - Canada.ca
Aug 15, 2025 · Registering a trademark · the registration provides proof of ownership · it provides you with exclusive rights across Canada for 15 years and may ...
[55]
Nuans® - Corporate name and trademark reports
Oct 15, 2025 · Nuans is the Government of Canada's business name and trademark search tool. This tool uses a powerful search algorithm to list all Canadian corporate names ...
[56]
https://www.japaneselawtranslation.go.jp/en/laws/view/2803/en
[57]
Ontario Business Name Registration | Windsor-Essex Lawyers
Apr 29, 2025 · The standard registration fee for a business name starts at $60. The registration is valid for five years, after which it must be renewed to ...
[58]
Nuans® – Provincial/territorial report - Government of Canada
Jul 9, 2025 · Nuans® – Provincial/territorial report. Select a jurisdiction below to find out how to order a name search and complete a transaction.
[59]
Register a federal corporation in a province or territory
Jun 26, 2022 · Provincial and territorial legislation requires you to register your federal corporation in each province and territory in which it will conduct business.
[60]
Register as a resident with a Canadian business - Canada.ca
Effective November 3, 2025, the CRA will no longer accept business number (BN) or CRA program account registrations by phone. You must register online using ...Missing: harmonization | Show results with:harmonization
[61]
Company registration in Canada in 2025 - a complete guide
Since 2024, all documents must be submitted with a digital signature. Federal incorporation takes 1–2 days, while provincial registration takes up to 24 hours.Missing: harmonization | Show results with:harmonization
[62]
3.2.3.1 Trade names - EUIPO Guidelines
Pursuant to Article 8 of the Paris Convention, trade names enjoy protection without any registration requirement. If national legislation requires ...
[63]
Commercial Registration Act - English - Japanese Law Translation
The purpose of this Act is to help maintain people's trust in things such as trade names and companies by establishing a registration system.Missing: yōgo | Show results with:yōgo
[64]
Commercial and Corporation Registration
Commercial registration is a system for providing public notice of the names, addresses and officers of stock companies, general partnerships, ...Missing: searchable | Show results with:searchable
[65]
Trade Name Of Company In Japan - Tomohiko Akiyama
Mar 3, 2024 · Then if you hope to change company name to あまぞGodo kaisha (You use Hiragana letters), you need to file registration of change of trade name.Missing: yōgo | Show results with:yōgo
[66]
Using Romanized Characters in Trade Names in Japan - RSM Global
Jul 26, 2019 · The use of Roman alphabet in the registered trade names for a subsidiary company or branch office in Japan is possible, as stipulated in Article ...
[67]
Six Things You Should Know About Japanese Company Registry
Dec 24, 2017 · In the database of the Registry Search Service of the Legal Affairs Bureau, you can only search the register for the company name. Even if ...
[68]
Unfair Competition Prevention Act - Japanese Law Translation
The purpose of this Act is to provide measures, etc. for the prevention of unfair competition and for the compensation of damages caused by unfair competition.
[69]
Trade names: How a sole proprietor can choose a Yagō and points ...
Apr 30, 2024 · A Yagō is a trade name for sole proprietorships, used for business, and is not legally required. It can be used for bank accounts, business ...
[70]
A Guide to Registering a Sole Proprietorship in Japan - Thera
May 24, 2024 · As a sole proprietor in Japan, you need to submit certain notifications to the tax office within two months after the beginning of the business ...How to register a sole... · Requirements for registering a...Missing: trade | Show results with:trade
[71]
Company Incorporation Steps Required by Foreigners
Application for registration of a Company Limited company costs 150,000 yen, paid to the Legal Affairs Bureau, at this point of time. □Step 6. Submit Various ...
[72]
2025 Investment Climate Statements: Japan - State Department
Japan has gradually removed most formal restrictions on FDI, but restrictions remain in several core areas. Foreign ownership in Nippon Telegraph and Telephone ...
[73]
National Tax Agency Corporate Number Publication Site(NTA-CNPS)
Search with name, address, etc. Search with Corporate Number Name Partial match search Prefix search Address Any address in a prefecture of Japan or a place ...About Corporate Numbers · Search with Multiple Corporate... · About notificationMissing: searchable | Show results with:searchable
[74]
Trademark renewal in Argentina - Legal Core Group
Oct 31, 2022 · Trademarks in Argentina are valid for 10 years, renewal is possible 6 months before/after expiration, and a declaration of use within the last ...
[75]
Basic Guide for Trademarks - Portal Gov.br
Trademark is a name and/or image that identifies a product or a service. In order to enjoy an exclusive right over it, one has to register it with INPI.
[76]
Doing Business with Brazil - The International Trade Council
Ensure the name is unique and complies with local regulations. Conduct a name search and register with the Board of Trade (Junta Comercial) in your state.Missing: comerciais | Show results with:comerciais
[77]
Company Name Registration - CRO
A Company Name can be reserved for 28 days, the cost of an application to reserve a name is €25.00. You will be reminded by e-mail after 23 days of the expiry ...
[78]
Ireland—Company names and business names—private company ...
Oct 30, 2023 · Company names and business (or trading) names are respectively regulated by the Companies Act 2014 (Ireland) (CA 2014 (IRL)) and the ...
[79]
Companies Registry - Business Registration Service
The Companies Registry administers the following laws; (i) The Companies Act, 2015; (ii) The Registration of Business Names Act, Cap 499 Laws of Kenya;
[80]
[PDF] REGISTRATION OF BUSINESS NAMES ACT - Kenya Law Reports
Section. 1. Short title. 2. Interpretation. 3. Registrar, his deputy and assistants, and register. 4. Firms, individuals and corporations to be registered.
[81]
Business Names | Corporate Affairs Commission
Complete pre-registration form – CAC-BNo1 and upload relevant registration documents(Online using Company Registration Portal); Pay filing fee Check the Fees ...Missing: 5- year
[82]
How to File CAC Annual Returns in Nigeria: Complete Guide for 2025
Aug 15, 2025 · Business names registered with CAC don't need to file annual returns, but they must renew their registration every 10 years. The bottom line ...
[83]
Reserving a Business Name
You can register a business name via Bizfile + for $15. After your name application is approved, we will reserve the name for 120 days.
[84]
https://www.acra.gov.sg/how-to-guides/renewing-your-registration-for-sole-proprietorships-partnerships
[85]
Doing Business with Uruguay - The International Trade Council
Next, you must reserve a unique company name with the National Trade Registry to ensure that the name is not already in use by another business in Uruguay.Missing: influences | Show results with:influences
[86]
Uruguay - Trade Agreements
Jan 4, 2024 · In addition to being a member of the WTO, Uruguay is also a member of the Latin American Integration Association (ALADI) and Mercosur.
[87]
Fee Schedule - Companies Registry - Business Registration Service
Company registration processes are now online and have to be done on the E-Citizen platform. Payment is made via electronic means such as mobile money, credit ...