trade name

(redirected from trade names)
Also found in: Dictionary, Thesaurus, Medical, Legal, Financial.

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 It might be outdated or ideologically biased.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 ?
The trade name PARIS GALLERY in Qatar vs the trademark PARIS GALLERY
Trade name: name used by a merchant in carrying out his commercial business in order to define his shop from other commercial shops and on behalf of which he signs his transactions and whose trade name he inserts in his letterheads so as to announce to his customers or others that it emanates from so-and-so trader.
The deterrent value of the CT Law is questionable as the CT Law only contains one provision which penalises the unauthorised use of a trade name with a fine of not less than AED 10,000 and/or a jail term.
In CCA 200911006, the Office of Chief Counsel revisited the common conclusions reached in TAM 200602034 and FAA 20074401E Upon reconsideration, the IRS now asserts that the basic premise of those rulings (i.e., that trademarks, trade names, newspaper mastheads, advertiser accounts, and subscriber accounts are essentially the same as goodwill) was incorrect.
The second component was a theoretical test that presented the respondents with the trade names of 25 separate drugs.
The "Everything Lawyers" is an example of a trade name that is misleading, because it implies the ability of the firm to address every legal issue.
The intangible assets acquired from Seller I were divided into four categories: (1) trademarks and trade names, (2) designs and drawings, (3) software and (4) trade secrets and know how.
How did pop psychology evolve, what are its promises and pitfalls, and how did self-help gurus become trade names in American culture through pop psychology's advancement?
HMS Healthcare is a privately held company that is majority owned by entities affiliated with KRG Capital Partners, which operates under four trade names, Aetna said.
Pharmacopeia have described prescriptions that have been "incorrectly written, interpreted, labeled, and/or filled due to the similarity" between the two trade names, according to a "Dear Health Care Provider" letter issued by Janssen.
Techmer masterbatches supplied by Ciba will carry the Techsperse trade name and Ciba masterbatches supplied by Techmer will carry Ciba trade names.
* Canada and the EU have agreed to stop using copycat labeling in a wine and spirits trade deal that spells the end of "Canadian Bordeaux" and European-labeled "Rye Whisky." The new deal is intended to lead to the phasing out of all generic trade names with strong geographical links, such as Bordeaux, port and sherry.