Tradename VS. Trademark

Jacuzzi. Chapstick. Q-Tips. These catchy names that we often use to refer to items in our homes are actually names of popular brands! These brand names are what trademark attorneys commonly refer to as tradenames. Jacuzzi, Chapstick, and Q-Tips just so happen to be tradenames that have also been trademarked.  

Confused on what the difference is? Let’s explore the difference between tradenames and trademarks: 

Tradenames, not to be confused with trademarks, are names that a company officially does business under which is why they are also known as “doing business as” names. These names can be registered but in comparison to the legal benefits of registering a trademark, tradename registration benefits are limited. Tradename registration notifies a state that a company exists under the registered tradename and is allowed to business within its borders, helps consumers identify the business by its name, and assists in identifying the business for tax purposes. However, registering a tradename does not prevent another company from using the same tradename. 

Trademarks on the other hand, which are legal protections for symbols, words, logos, and any element associated with a business, prevent another company from using, for example, your brand name. The trademark gives a business ownership over the trademarked element associated with their product or services. With that protection, if anyone tries to use something similar, the business owner can take legal action!  

So, can you protect your tradename by getting a trademark for it? Absolutely! Just like Jacuzzi, Chapstick, and Q-Tips, business owners can get the best of both worlds by getting a tradename trademarked. An attorney can advise if a trademark has already been taken and walk a business owner through the process of securing that trademark. Then one day your tradename may become a household name too!