Business Names

Merely identifying a business by a certain name does not result in trademark rights. Trademarks refer to goods or services, whereas a business name or trade name merely identifies the proprietor of a certain commercial enterprise. For example, when Nabisco places its name on its business cards and stationery, such is a nontrademark use; however, when the NABISCO® mark is placed on boxes for snack products, the word is being used as a trademark and can be federally registered.

Many business owners have incorporated their companies or filed partnership documents with their secretary of state. Obtaining permission from a secretary of state to use a name is not permission to use that name as a trademark. The secretary of state merely ...

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