Trade-Marks
Trade-Marks vs. Trade Names
People frequently ask, "What is the difference between a trade-mark and a trade name?"
A trade name is the commonly recognized name under which someone (a company, an individual, or a partnership) carries on business. The trade name may be, but is not necessarily, the full legal name of the business. For example, a company may have the legal name 1234567 Ontario Inc., but it may carry on business under the trade name "Acme Widgets". Alternatively, an individual may carry on business under a trade name, (Mr. John Doe, trading as Coyote Express Courier).
You would expect to see the trade name on the stationary of the business, in telephone listings, business cards, and posted outside their place of business. Provincial laws may require that the full legal name of the business be provided in certain instances (such as on cheques, contracts or invoices), so that people conducting business with these traders know the true legal entity behind the name. By contrast, a trade-mark would typically be applied to the products sold by the business, and would also appear in the advertising for the products and services of the business. Thus in our examples, ACME® would be a typical selection for a trade-mark to apply to the packaging of the widgets sold by Acme Widgets. Similarly, COYOTE EXPRESS® would likely be selected as a trade-mark to advertise the courier services provided by Mr. Doe under his Coyote Express trade name. It is possible for a trade-mark to be the same as a trade name, or to be a variation thereof.
An example of a variation is THUNDERBIRD® automobiles manufactured by the Ford Motor Company. THUNDERBIRD® is a trade-mark, while "Ford Motor Company" is the trade name of the manufacturer. When a business provides only services, rather than products, there is often a complete overlap between the trade name of the business and the trade-mark.