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.

References in periodicals archive ?
The trade name PARIS GALLERY in Qatar vs the trademark PARIS GALLERY
ARTICLE (8): A trade name shall enjoy protection in compliance with the provisions of this law once his trade name has been incorporated into the registry of trade names and the proprietor of a trade name shall have the right to block third parties from using his trade name or any similar sign which could mislead or confuse the public as regards the products or services associated with his trade name.
Detailed information on surfactants is referenced by trade name, chemical component, chemical synonym, function/application, and supplier.
It remains to be seen whether the courts will agree with the IRS's position (particularly with respect to its position that trademarks and trade names are part of the goodwill of a company rather than separable intangible assets).
tax consequences of a transfer or license of a trade name in a foreign jurisdiction is largely dependent on the status of the entity producing and marketing the product abroad.
The new system paves the way for us to achieve e-integration with the Ministry of Economy in terms of trade name bookings and issuance of economic record certifications, which supports our aspiration to provide customers with easier and seamless services.
1972(e)(3) provides that "the acquisition of a franchise, trademark, or trade name constitutes the acquisition of a trade or business" unless "its value is nominal or the taxpayer irrevocably disposes of it immediately after its acquisition.
Although most costs associated with trademarks and trade names are required to be capitalized, the courts have consistently held that certain expenses are deductible under Sec.
The order does not prevent AICPA from formulating reasonable ethical guidelines prohibiting solicitation, advertising or trade names that it reasonably believes would be false or deceptive within the meaning of Section 5 of the Federal Trade Commission Act.
Products; NFPA ratings; Regulatory data; Uses; Use level; Manufacturers/; Distributors; Trade names equivalent to the chemical entry and trade names containing the chemical entry (trade name chemical blends).