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Understanding Assumed Name (Trademark): Legal Definition and Importance
Definition & Meaning
An assumed name, often referred to as a trade name or business name, is the name under which a company operates its business. This name helps identify the business itself, while trademarks are used to identify the goods or services provided by the business. Assumed names can receive trademark protection if they meet the necessary legal requirements, such as being used in commerce and being distinctive. Additionally, even if they are not directly linked to goods or services, assumed names can still be protected under the Trademark Act and common law regarding unfair competition.
Table of content
Legal Use & context
Assumed names are commonly used in business law and can be essential for companies that wish to operate under a name different from their legal name. This term is relevant in various legal contexts, including business formation and trademark law. When a business registers its assumed name, it ensures transparency and allows consumers to identify the true entity behind the business. Users can manage the registration process themselves using legal templates from US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A bakery named "Sweet Treats" operates under this assumed name while its legal name is "Jane's Bakery LLC." This allows the bakery to market itself effectively while maintaining a distinct brand.
Example 2: A consulting firm named "Innovative Solutions" registers its assumed name to provide clarity to clients about the services offered, even though its legal name is "Smith Consulting Group, Inc." (hypothetical example).
Comparison with related terms
Term
Description
Key Differences
Trade Name
The name a business uses to market its products or services.
Trade names are often synonymous with assumed names but may not always be registered.
Trademark
A symbol, word, or words legally registered to represent a company or product.
Trademarks protect specific goods/services, while assumed names identify the business itself.
Common misunderstandings
What to do if this term applies to you
If you plan to operate under an assumed name, you should:
Check if the name is available and not already registered.
File the necessary paperwork with your state or local government.
Consider using US Legal Forms to access templates that can simplify the registration process.
If you have questions or face complexities, consulting a legal professional is advisable.
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