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The difference between corporate
names and trademarks

January 28, 2017
MyTechnologyLawyer
Web Edition

The name of your corporation and trademark may be identical but they are two separate properties. The Corporate Name is established when you file Articles of Incorporation with the selected Secretary of State. Availability of the desired name depends upon whether others in the state may be using that name. A grant of your corporate name in one state does not guarantee exclusivity in another state.

Your trademark is established by use in commerce, followed by a registration with the united States Patent and Trademark Office. Availability depends on various factors, including who else in the Nation may be using the requested mark. Exclusivity is nationwide for the selected class of goods.

A trademark that is identical to your corporate name provides advantages in communicating the source of the goods or services incidental thereto. However, a branding strategy for multiple products will typically involve multiple marks for each product, which may not be connected to the corporate name.

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