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trade name :: legal definition


Trade name - n. a name of a business or one of its products which, by use of the name and public reputation, identifies the product as that of the business. A trade name belongs to the first business to use it, and the identification and reputation give it value and the right to protect the trade name against its use by others. Example: Sheaffer's is clearly identified as a fountain pen manufactured by the Sheaffer Company, and no one else can produce pens with that name. However, a motorcycle with the name Sheaffer would not be an infringement since the product is different.

See also: trademark and Related Law Terms ↓


Related Law Terms

capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
confusingly similar :: adj. in the law of trademarks, when a trademark, l ... a of the other. See also: trademark
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
depreciation :: n. the actual or theoretical gradual loss of value ... e early years of use (accelerated).
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
monopoly :: n. a business or inter-related group of businesses ... ust laws license restraint of trade
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
restraint of trade :: n. in antitrust law, any activity (including agree ... also: antitrust laws monopoly trust
trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade

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