trade name


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trade name

1. the name used by a trade to refer to a commodity, service, etc.
2. the name under which a commercial enterprise operates in business

Trade Name

 

in bourgeois civil and commercial law, the name under which a concern does business. Trade names were originally used by individual merchants and unlimited companies. During the period of monopoly and state-monopoly capitalism, they have been used mainly by joint-stock companies and other types of business associations. The legal status of trade names is set forth in commercial codes (Federal Republic of Germany, Japan), in commercial law (Great Britain, USA), and in laws on, for example, sales, liens, and unfair competition. A number of rules on the use, transfer, and protection of trade names have arisen from judicial and administrative practice.

Certain countries (France, Switzerland, Federal Republic of Germany) require that the trade name correspond to the businessman’s real name. In the case of unlimited companies, the trade name includes either the family names of all the members or the name of one member together with an indication that an unlimited company exists, for example, Durand and Company. In practice, this principle is operative only in the creation of new enterprises. Anglo-American and Japanese law places no restrictions on the choice of trade name, but certain rules must be followed. For example, the trade name must indicate the type of business association.

The trade name must be registered in the commercial register or recorded in some other way established by law. The name appears on the concern’s signs, forms, financial documents, and stationery. The right to use the trade name is exclusive. A trade name cannot be transferred, and it cannot be the subject of a lien separately from the enterprise. Infringements of trade name rights include the unauthorized use of the trade name, the use of a similar name or logotype, and the arrangement of, for example, letters and print in such a way as to suggest a trade name belonging to another. These rights are usually defended through civil actions; the court enjoins the violator from using the trade name and orders that the violator pay damages. The illegal use of a trade name can also be prosecuted administratively (Federal Republic of Germany) through the imposition of a fine by the judge who registers trade names. In some instances, the infringement of trade name rights is a criminal offense (France, Federal Republic of Germany).

In accordance with the 1883 Paris convention on the protection of industrial property, the use of another’s trade name constitutes unfair competition. Trade names are protected in all countries that are signatories to the convention.

In socialist countries [in the USSR, prior to the issuance in 1974 of the Statute on the Production Association (Combine)], trade names denote production associations headed by a principal enterprise. These trade names should not be confused with the firm names of economic organizations that are legal entities.

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The trade name should not be in breach of public order and morals.
The resource contains more than 15,000 chemical monographs, 48,000 chemical synonyms, 53,000 trade name equivalents, 4,000 chemical manufacturers, as well as a comprehensive functional/application index.
EINECS/ELINCS Number Index contains EINECS/ELINCS number entries followed by a listing of their trade name product and generic chemical equivalents in alphabetical order.
In terms of the DHL trade name sale, the sale price was increased from the $20 million that had been agreed to by the parties to $600 million.
A "section 197 intangible" -- which includes goodwill, going concern value, workforce in place, information base, know-how, customer-and supplier-based intangibles, governmental licenses and permits, covenants not to compete and other similar arrangements, franchises, trademarks, trade names, and contracts for the use of the foregoing assets -- is defined in Prop.
By having a unified approach, the granting of trade names will become a much easier and swifter process, which will benefit all of our clients' businesses," said Dr Zarouni.
Establishing a value for the trade name is problematic when one considers that much of a trade name's value in a foreign jurisdiction will derive from local marketing efforts rather than from U.
3) Prior to repeal, section 177 permitted an elective amortization deduction of not less than 60 months for certain trademark and trade name expenses which otherwise would have constituted capital expenditures pursuant to section 263.
Customers should continue to order KaMin[TM] kaolin products using the current Huber[R] trade name.
The first step in analyzing the treatment of trademark and trade name costs is to determine whether such costs must be capitalized.
Its products are ethylene-propylene rubber, known under its trade name Buna AP, and polybutadiene, trade name Buna CB.