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Topic: Trade name


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In the News (Thu 16 Feb 12)

  
  WVSOS - Business Organizations - Trade Name Registration
An out-of-state company which must use a DBA name to register in West Virginia because its original name is not available is not required to separately register the DBA as a trade name, but the DBA is still considered a trade name under the law.
To protect a trade name that is in actual use, a service mark or trade mark application should be considered.
Individuals, sole proprietorships, general partnerships and unincorporated non-profit associations register trade names by filing a certification of trade name with the County Clerk of the county where the principal office is located, or for out-of-state companies, the county in which most of the business is conducted.
www.wvsos.com /business/filing/tradename.htm   (432 words)

  
  Trade Name: West's Encyclopedia of American Law
Names or designations used by companies to identify themselves and distinguish their businesses from others in the same field.
Trade names are used by profit and non-profit entities, political and religious organizations, industry and agriculture, manufacturers and producers, wholesalers and retailers, sole proprietorships and joint ventures, partnerships and corporations, and a host of other business associations.
A trade name may be the actual name of a given business or an assumed name under which a business operates and holds itself out to the public.
law.enotes.com /wests-law-encyclopedia/trade-name   (142 words)

  
 Article: Is Your Company Name Legal?
A trade name can be the legal name of the corporate entity, and it can also be the fictitious or assumed name the company uses to do business in a state.
Although the name of a company, in and of itself, is not a trademark, the name of a company may become a trademark if the company decides to use the same name in association with the sale of a good or service.
Trade name registrations are the state databases of company names that have been registered to do business in each state, including corporations and fictitious business name registrations.
www.trademarkpartners.com /articles/Name_Legal.htm   (1357 words)

  
 [No title]   (Site not responding. Last check: )
The Secretary of State shall notify registrants of trade names under sections 87-208 to 87-220 of the necessity of renewal within the year next preceding the expiration of the ten years from the date of registration or of last renewal by writing to the last-known street address of the registrants.
Every duplicate of the registration of a trade name shall be published by the applicant once in a newspaper of general circulation published in the city or village where the business is to be located, or, if there is no newspaper in the city or village, in some newspaper of general circulation in the county.
Unless the dispute over the registration of the new trade name is otherwise resolved or settled by the parties, the Secretary of State shall make his or her finding within fifteen days after the response by the new registrant.
assist.neded.org /tradname.html   (919 words)

  
 California Business Portal - Trademarks and Service Marks - Frequently Asked Questions
Trade Name - A word, name, symbol, or device, or any combination thereof used by a person to identify his business, vocation, or occupation, and distinguish it from the business, vocation, or occupation of others.
A trade name or fictitious business name should be filed with the clerk of the county in which the company is doing business.
If a name and design are used separately, as two separate marks, then two separate applications with two fees and two sets of specimens must be submitted.
www.ss.ca.gov /business/ts/ts_faq.htm   (949 words)

  
 The Rules of the Winery Name Game
If your chosen name is already in use as a brand name or trade name for someone else's wine, trademark law and other common law name rights may prohibit your use of the name.
Trade names are commonly called "DBA's," which stands for "doing business as…;" On a wine label, the "bottling trade name" is the name following the words "bottled by…" Wineries are required to add bottling trade names to their TTB basic permits before using them in label mandatories.
Choose a corporate name that (1) is not used by another winery as a trade name or brand name and (2) you do not plan to use as the winery name.
www.csa-compliance.com /html/Articles/RulesWineryNameGame.html   (1996 words)

  
 Trade Name Protection (Corporations, State of Maine. U.S.A.)
Names of corporations, limited liability companies, limited partnerships, limited liability partnerships and the text of marks are checked for availability against all active names on file with the Division of Corporations prior to filing.
If you wish to protect the trade name of your sole proprietorship or general partnership, and/or the logo associated with it, you may file a trade or service mark with the Division of Corporations.
A limited partnership may use the term "limited partnership" as part of its name, a limited liability company may use the term "limited liability company" as part of its name and a limited liability partnership may use the term "limited liability partnership" as part of its name.
www.state.me.us /sos/cec/corp/tradenam.htm   (373 words)

  
 Changing the Trade Name
The tenant's right to change the trade name of its store in a shopping center during the term of a lease is often hotly contested in lease negotiations.
This is particularly important for the tenant that operates the same use under somewhat different trade names in different regions of the country, with plans to expand outside those regions.
Overall, a good trade name clause in a shopping center lease will be carefully crafted to protect the interests of both the landlord and the tenant in the tenant's trade name.
retailtrafficmag.com /mag/retail_changing_trade_name/index.html   (769 words)

  
 Trade Name Protection (Corporations, State of Maine. U.S.A.)
Names of corporations, limited liability companies, limited partnerships, limited liability partnerships and the text of marks are checked for availability against all active names on file with the Division of Corporations prior to filing.
If you wish to protect the trade name of your sole proprietorship or general partnership, and/or the logo associated with it, you may file a trade or service mark with the Division of Corporations.
A limited partnership may use the term "limited partnership" as part of its name, a limited liability company may use the term "limited liability company" as part of its name and a limited liability partnership may use the term "limited liability partnership" as part of its name.
www.maine.gov /sos/cec/corp/tradenam.htm   (373 words)

  
 Doing Business As Registration | Business.gov
A fictitious name (or assumed name, trade name, or DBA name, short for "doing business as") is a business name that is different than your personal name, the names of your partners or the officially registered name of your LLC or corporation.
When a business name is different from the owner(s) full legal name(s), sole proprietorships and general partnerships must register fictitious trade names with the Clerk of Superior Court in the county where business will be conducted.
When a business name is different from the owner(s) full legal name(s), sole proprietorships and general partnerships to register with the county clerk office where business will be conducted.
www.business.gov /guides/business_law/dba.html   (2044 words)

  
 Colorado Secretary of State
Trade names for sole proprietors and general partnerships used to be filed with the Colorado Department of Revenue.
A trade name is a name, other than the true name, of an entity or individual under which the entity or individual is authorized to transact business or conduct activities pursuant to § 7-71-101, C.R.S. Sometimes a trade name is referred to as a “doing business as” or “DBA” name.
A trade name for a non-reporting entity and an individual is effective for one year from the date the statement of trade name became effective.
www.sos.state.co.us /pubs/business/faq_business.htm   (14354 words)

  
 Trade Name Information - Fairfax County, Virginia - Circuit Court
An assumed or fictitious name certificate must be filed in the office of the Clerk of the Circuit Court in each county or city where business is to be conducted.
If you are conducting business under the name registered with the State Corporation Commission, you are not required to file a trade name on the county level.
All persons that register a trade name who do not reside in the Commonwealth are required to provide the name, address and phone number of a Virginia registered agent for purpose of service of process.
www.fairfaxcounty.gov /courts/circuit/trade_name_info.htm   (787 words)

  
 News Articles: Trademark or Trade Name? - Intellectual Property Counsel & Litigation
Federal law does not concern itself with the issue of trade names and, if a federal court is called upon to comment on such, it will defer to state law and state court opinion.
The trade name holder will need to sue under theories of unfair competition to be monetarily compensated for any damage to their business reputation or dilution.
The trademark holder may face a legal challenge to their trademark if it is not inherently distinctive while the trade name holder bears no burden to prove the distinctive nature of their property.
www.intellectlawgroup.com /articles/trademarkortradename.html   (886 words)

  
 Colorado Secretary of State
A trade name of a reporting entity will be effective as long as the entity remains in good standing.
A trade name will expire on the last day of the anniversary month of the original trade name filing, but it can be renewed online at the Secretary of State’s Web site any time within three months prior to the expiration date.
However, any trade name transferred from the Department of Revenue and those filed for domestic limited partnerships on or before May 29, 2006 will not be required to file a renewal until 2008.
www.sos.state.co.us /pubs/business/tradename_notice.htm   (467 words)

  
 North Dakota Secretary of State | Business Services | Registrations
A name assumed under subparagraph 3, or a name of an organization or association not otherwise registered with the Secretary of State requires registration as a trade name if a license or permit to conduct business or operations is required by the State of North Dakota.
If the ownership of a business name changes during the five-year registration period, the ownership of the trade name is assignable to the new owner.
The Trade Name Assignment does not extend the registration period of a trade name, but rather affords ownership to the new owner for the remainder of the registration period.
www.nd.gov /sos/businessserv/registrations/tradename.html   (263 words)

  
 Vermont Secretary of State - Corporations: Trade Name Availability Rules
The name may not be one that is deemed to be so grossly offensive as to be unacceptable as a trade name.
Names that may legitimately be understood to have a meaning that is not grossly offensive, despite contextual double entendre, are acceptable (e.g., The Bitch Pound).
A proposed trade name is deemed to be "deceptively similar" to an existing registration if the proposed trade name is identical except that one or more words has a different ending, prefix or suffix.
www.sec.state.vt.us /corps/dobiz/tradename/tn_rules.htm   (919 words)

  
 Trade name - Conservapedia
A trade name is a name used by a business to identify itself in transactions, bank accounts and filings with state government.
A trade name should not be confused with a trademark, which is used to sell a particular good or service.
Priority of adoption of the trade name, or priority in filing it, establish the rights to it, depending on the state law.
www.conservapedia.com /Trade_name   (235 words)

  
 California Business Portal - Trademarks and Service Marks - Frequently Asked Questions
Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor.
A trade name or fictitious business name should be filed with the clerk of the county in which the company has its principal place of business.
If a name and design are used separately, as two separate marks, then two separate applications with separate fees and two sets of specimens must be submitted.
www.sos.ca.gov /business/ts/ts_faq.htm   (1059 words)

  
 DLEG - What is a trademark, service mark and a trade name?
Michigan law defines a trademark as any word, name, symbol, or device, or any combination thereof, other than a trade name in its entirety, adopted and used by a person to identify their goods and distinguish them from similar goods made or sold by others.
A service mark is defined as any word, name, symbol, or device, or any combination thereof, other than a trade name in its entirety, adopted and used by a person in the sale or advertising of services to identify their services and distinguish them from similar services of others.
A trade name is defined as any word or group of words used by any person to identify a sole proprietorship, firm, partnership, corporation, association, union, or other organization.
www.michigan.gov /dleg/0,1607,7-154-35299_35413-138675--,00.html   (223 words)

  
 Introduction: Trade-Name and Generic Drugs: Merck Manual Home Edition
The trade name is developed by the company requesting approval for the drug and identifies it as the exclusive property of that company.
Generic and trade names must be unique to prevent one drug from being mistaken for another when drugs are prescribed and prescriptions are dispensed.
In contrast, trade names are usually catchy, often related to the drug's intended use, and relatively easy to remember, so that doctors will prescribe the drug and consumers will look for it by name.
www.merck.com /mrkshared/mmanual_home2/sec02/ch017/ch017a.jsp   (954 words)

  
 Chemical Trade Names - Pathfinder
A trade name is a proprietary name, which may or may not be a registered trademark, that is applied to a product by a company for the purposes of marketing and sales.
Trade names are usually applied to drugs and many kinds of industrial chemical products.
While Registry does index many trade names as used in the chemical literature, CAS makes no systematic effort to gather and index all known trade names for a specific substance.
www.lib.utexas.edu /chem/info/tradenames.html   (639 words)

  
 Armpatent / Laws
(3)  A trade name may also contain the name of the place of origin of a legal entity, words characterizing the essential features of its activities and also other information which its founders or participants consider to be essential.
(3)  An application for registration of a trade name (hereinafter "the application") shall be filed with the Office by the founders of the legal entity, a person authorized thereby, or a body appropriately authorized by the entity’s regulations (hereinafter "the applicant").
(4)  The trade name may be used together with its translations into foreign languages.  In this case, the distinguishing feature of the name contained in the trade name shall not be translated.
www.armpatent.org /english/database/tradenames.html   (2001 words)

  
 WA State Licensing: FAQ - Trademark registration
A trade name is any name used in the course of business that does not include the full legal name of all the owners of the business.
The purpose of trade name registration is to provide a record of all owners of a business.
The right to use a trade name belongs to the one who first uses it in connection with their business.
www.dol.wa.gov /business/faqtradename.html   (649 words)

  
 VI. Mixtures and Trade Name Products
The proposed rule indicated that mixtures and trade name products that a facility imports, processes, or uses would be evaluated and any covered toxic chemicals in those products would be factored into threshold determinations and release reporting.
If the supplier maintains that the identity of a toxic chemical is a trade secret under provisions of the OSHA HCS, the notice must identify the chemical as subject to section 313 and provide a generic identity that is structurally descriptive of the chemical.
Where the person does not know the specific chemical identity of the toxic chemical in the mixture or trade name product, the person is required only to consider the quantity of that chemical component in that mixture or product in making a threshold determination.
www.epa.gov /tri/TWebHelp/WebHelp/final_rule_vi_mixtures_and_trade_name_products.htm   (3003 words)

  
 Trade Name
Trade Names are not used in the PDMS for Physical Logs.
Due to the vast number of wireline log Trade Names used in industry, it is not practical to have every possible name in the Trade Name data field.
If no similar name is available that could not be misconstrued, a new name is added to the Trade Name List.
igs.indiana.edu /pdms/Help/Trade_Name.htm   (162 words)

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