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
Collins Discovery Encyclopedia, 1st edition © HarperCollins Publishers 2005
The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

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.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
(106) At the end of the review process, both reviewers will come together and discuss the contents and outcomes of their respective reviews in order to make a final determination about the proposed proprietary name. (107)
Other names or types of feists include Bench Feist, Pencil Tailed Feist, Flop Eared Feist and Traditional Feist, and some breeders have their own proprietary names for theirspecific lines.
Animal lovers might especially appreciate FDA's March 9, 2018 announcement pertaining to guidelines to "provide recommendations to assist sponsors in developing proprietary names for new animal drugs in order to avoid contributing to medication errors, negatively impacting safe use of the drug, or misbranding the drug."
As part of this customer-centric product mix, store brands represent an opportunity for CVS to enhance customer value while increasing profitability; the company's 2012 annual report notes that such products, sold under such proprietary names as Gold Emblem and Just the Basics, represent more than 17% of front-store sales and accounted for 26% of front-store sales growth over the past four years.
However, their success is explained less by production-driven motives than the response of consumers, who find wines named after grapes easier to understand than those bearing mysterious, often unpronounceable geographical designations or branded proprietary names. As it turns out, California's emphasis on varietal nomenclature is a clever strategy since it serves to diminish competition from Bordeaux!
Finally, the Cyrillic index lists nonproprietary and proprietary names alphabetically in Russian.
Informatica Corporation (NASDAQ: INFA), a data integration software and services provider, reported yesterday (16 December) that the company's Informatica PowerCenter has been chosen by BNP Paribas Assurance, a life insurer in France, to manage its data exchange processing.A With a customer base of almost 2.5m contracts, BNP Paribas Assurance creates and markets products and services under two different proprietary names: BNP Paribas, for products distributed by the network of BNP Paribas agencies in France; and Cardif, for the other networks in France and abroad.
Appendices include a guide to firearms trade and proprietary names and arms associations in the United States, Canada, Australia, and Europe.
There, the durum pasta produced by Rey Pastificio is distributed under various proprietary names in the stores of large retailers such as Carrefour, Aldi, Reve-Billa, or Lidl.
Non-selective weed killers are marketed under a variety of proprietary names but the formulation of the most effective usually has glyphosate as the active ingredient.
In the last part the profile of twenty-four steroids with their alternative names, proprietary names, therapeutic dose and usage, and street information is presented.
These EPA (Environmental Protection Agency) approved biocides and their formulations, marketed under the proprietary names Tektamer[TM], Metasol[TM] and Biochek[TM], were previously still manufactured by Ondeo Nalco.

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