What is a trade name?

 

A: A trade name is the name which a business trades under for commercial purposes, and can be federally protected just like a trademark. However, no registration is required to own the rights to a trade name. Rights may be granted to the first one who uses a trade name for commercial purposes.

These rights are typically known as common law rights. To learn about your rights to a trade name in New York, you can get the advice of a professional New York franchise attorney.

When you own the common law rights to a trade name, you will have exclusive protectable rights in your business's geographic area. However, if you want to ensure your legal rights to a particular trade name, you can register it with the United States Patent and Trademark Office (USPTO). To register your trade name, you can submit your registration via the USPTO website.

However, before registering your trade name in New York, you should do a search for conflicting names. If there is a similar trade name which is already registered, your registration may be denied.

To search for conflicting names, or to register your trade name in New York, you can get the help of an experienced New York franchise attorney.

How can a New York franchise attorney help?

If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and how to approach the preparation of your FDD. For a limited time, get New York franchise attorney Charles N. Internicola, Esq's franchise law report to determine whether or not your business is right for franchising. For more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs franchise their business nationwide, contact us today at 1-800-976-4904.




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