We all have used “Paytm.” But you would be surprised to know that Paytm is just a trademark. The company’s trade name is “One97 Communications Limited.”
People often confuse trade name for trademarks and vice-versa. But there is a huge difference between trade name and trademark in terms of:
- Use cases
- Legal protection
In this blog, we will see 5 difference between trade names and trademarks along with trademark and trade name examples.
Table of Contents (Click to jump to a specific section)
Let’s clear the confusion cloud around these 2 key concepts of businesses in 2022.
What’s The Difference Between Trade Name And Trademarks?
A company’s formal/official name under which an organization performs its business activities is called trade name. An example of trade name is “PepsiCo.”
While a trademark is a unique mark used to market and distinguishes its products & services from competitors.
Difference Between Trade Name V/S Trademark
|Point of Difference||Trade Name||Trademark|
|Definition||A name under which a company does business. Thus a company’s name is a trade name. Trade name is also called business name/corporate name/company name. Mostly, a trade name is followed by a corporate identifier: Inc. (Incorporated) and Corp. (Corporation).||A name under which a brand or company market its products & services. A trademark can be: SymbolWordPhraseSoundSmellAudioMotion/Multimedia|
|Examples||Trade Name Examples PepsiCoMahindra & Mahindra Limited (M&M) One97 Communications Limited Kirloskar Proprietary Limited||Trademark Examples PepsiMahindraPaytmKirloskar|
|Where to Register/Regulating Authority||Registration & regulating authority for trade names differ from country to country. It can be: County office, orState office, orOffice of their Secretary of State, orMinistry||Trademark registration & regulating authority differ from country to country. Few Examples are: USA- USPTOEU: EUIPOCanada: CIPOUK: IPOIndia: Office of the Controller General of Patents, DPIITAustralia: IP Australia New Zealand: IPONZJapan: Japan Patent OfficeKorea: KIPOChina: CNIPAGermany: German Patent and Trademark Office|
|Registration Law & Process||The trade name of an entity is registered under: Companies Act for companiesLimited Liability Partnership Act for LLPs||The trademark is registered under: Canada: USA: Lanham Act Canada: Canadian Trademark Law India: Trademarks Act, 1999|
|Lifetime & Renewal||Once registered, a trade name is valid for lifetime.||After trademark registration, a trademark’s lifetime is for 10 years. After 10 years, trademark renewal needs to be done.|
|Asset Creation||The following functions are performed under a trade name: Perform business Enter into contracts Tax registration, filing, and payment Administrative functions||Trademark functions are: Create a unique business identity Distinguish your brand from other competitors Provide trademark rights to sue any infringer.|
Can Trade Name & Trademark Be Same?
Yes, many companies have same trade name and trademark. E.g. Google- Its Company name and trademark both are same, i.e., Google.