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Company Names vs. Trademarks - Resource



byTracy-Gene G. Durkin
Sterne, Kessler, Goldstein & Fox P.L.L.C. - Washington Office

Monica Riva Talley
Sterne, Kessler, Goldstein & Fox P.L.L.C. - Washington Office

September 25, 2012

Trademarks are different from corporate names and trade names. Corporate names and trade names are proper nouns that identify a company or a business. Trademarks are adjectives that identify a company’s products or services. The same words can function as both a trade name and a trademark, depending upon the context in which they are used. For example, Coca Cola is a trade name when used to identify Coca Cola the organization. However, when it is used with a product name, e.g. Coca Cola soft drink, it is used as an adjective and thereby functions as a trademark identifying the source of that product.


 

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Tracy-Gene G. Durkin
Monica Riva Talley
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