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Ryan Responds: What’s the Difference Between a Trade Name and Trademark?

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Is a Trade Name and a Trademark the Same Thing, or are They Different?

In this Ryan Responds video, what are the differences between a trade name and a trademark. Short answer: they are different. Much of the confusion comes up nowadays when people are registering their business and trying to come up with the marketing and advertising for it. This is especially true when you add in the registration of domain names and social media accounts; this shall be a future post when it comes to branding strategy and protection in our interconnected world. However, for today’s topic we are focused on just trade names and trademarks.

Critical for Business Owners to Understand for their Marketing and Branding Strategy

If you are launching a new business, then you really need to grasp the difference between these abstract legal terms. It will impact your naming and registration strategy for the business and its brands before you launch. Why? Because you will do a lot of market research prior to registering your business and applying for trade names and trademarks.

I’ve seen many new business owner fail to grasp these intellectual property and business registration issues; they then go through all this energy and expenditure planning for the naming and marketing of their business, only to pay the price in changing registrations and applications, taking down their advertising, and basically upending their whole marketing strategy. They have to rethink their branding. As always it is best to do some research and speak to an attorney prior to taking any action that could make you liable, especially if you are unclear about intellectual property infringement.

Finally, in addition to the video below we provide a one-sheet on the same topic for your reading.

 

If You have a Question for Future Ryan Responds Videos …

Finally, if there is a short question you want the answer to submit them to [email protected] with the Subject line “Ryan Responds”. Please keep your questions short, general, and related to a business topic. Please do not provide specific details of  your matter or attempt to seek direct and specific legal advice through this format. If you need assistance and legal services, then please schedule a consultation with an attorney in your relevant jurisdiction.

If your matter is located in the Hawaii or California jurisdictions, then feel free to reach out to us to schedule an initial consultation here.

Thanks for watching!

RKH

Disclaimer: The content of this video is for general information purposes only. Nothing should be taken as legal advice for an individual cases or situations. The viewing of this video does not create an attorney-client relationship. If you need legal advice, please contact an attorney in your relevant jurisdiction.

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June 2021

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