ABA Family Legal Guide

Forming and Operating a Small Business

Intellectual Property

Trademarks

What is a trade name?

A trade name generally is defined as a name a business uses for advertising and sales purposes that is different from the name in its articles of incorporation or other officially filed documents or its official name. An example of a trade name is the use of the name "Tom's Burger Shack" by a company whose official, registered name is Smith's Restaurants Services, LLP. A sole proprietor also may do business under a trade name. Most states authorize the protection of a trade name by filing certain documents with county clerks of court or other appropriate officials in the state. Although a company name or a trade name may sometimes also be a trademark, a trade name is not, in itself, a form of intellectual property.