The most valuable asset of many companies is its brand. Would Coca-Cola sell as well if they suddenly started calling it sugary-caramel-colored-tonic-beverage? Probably not.

The legal term for a product brand is its trademark. The terms trademark and trade name are often used interchangeably, but they are actually quite different in their legal meaning.

A trademark is generally a distinctive word or name used in commerce to identify a company’s goods or services. A trade name, on the other hand, is the name used to identify the company itself.

In short, a trademark identifies the product and a trade name identifies the company that makes the product. For example, a company named Kraft Foods Holdings, Inc. sells a product named Oreos. The trade name is Kraft Foods and the trademark used to identify the particular product is Oreo. Kraft Foods also sells numerous other products under numerous other trademarks.

Where most people get confused is when the trade name and trademark are virtually identical. To use Coca-Cola as an example again; the trade name of the company as a whole is The Coca-Cola Company, while the trademark identifying the sugary beverage is Coca-Cola. To make it even more confusing, The Coca-Cola Company also sells the same beverage product under the trademark Coke.

There may be several trademarks associated with one product. Trademarks are not even limited to words alone, and may consist of the style of the mark, a design or logo, or even the shape or look of the product itself. Again, picture that sugary beverage in your mind. Do you see the familiar script lettering? A red can with a wavy white stripe? Or a bottle with a distinctive hourglass shape? Those are all very valuable trademarks identifying one particular product.

For a free half hour consultation regarding trademark issues, please contact Attorney Chris Ratté.

NOTICE: The information and articles posted on this website are for informational purposes only and are not intended as legal advice. Contact me to discuss your particular situation or consult a licensed attorney in your state.

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