It is not uncommon for people to confuse the concept of a “trade name” with that of a “trademark,” especially because a trade name can, in some circumstances, function as a trademark. This post provides a brief summary of what these terms mean in Washington State and where they can overlap.
The term trade name refers to the name used to identify a business itself. The trade name could be the same as the legal name of the business, or it could be different. For example, in Washington, an entity might first register its legal name of “Alphabet Song, Inc.” upon forming the business entity and registering it with the Washington Secretary of State. If “Alphabet Song, Inc.” ends up doing business as “ABC,” then that public-facing “ABC” name would generally be considered the trade name for the business and that corporation would register that trade name with the Department of Revenue.
A trademark refers to a word, name, symbol, or device used to identify the business’s goods or services from those of others. In the United States, trademark rights arise from use of the trademark in commerce to indicate the source of goods or services. Trademark owners are not required to register trademarks with the U.S. Patent and Trademark Office or the Washington Secretary of State’s Office, though registration does provide broader protection and enforcement options at the federal and state levels.
Where a trade name is used merely to identify the business entity but not to distinguish the source of goods or services sold, that trade name is not functioning as a trademark. For example, let’s say a company has a legal name “Stork Stuff, Inc.” and trade name of “StorkStuff,” and it uses those names to sign contracts, issue invoices, and provide contact information. If that same company sells baby jewelry that it displays on its website with the webpage header “SparklingStorklings” or sells baby jewelry with packaging identifying the “SparklingStorklings” name in large font, then the term “SparklingStorklings” is operating as a trademark. Neither “Stork Stuff, Inc.” nor “StorkStuff” is operating as a trademark in this hypothetical because those terms are not being used to distinguish the goods at issue. If, on the other hand, “StorkStuff” was being used both to distinguish the source of the goods (e.g., “StorkStuff” appeared on the webpage header), and not merely as a business name for administrative purposes, then it could serve as both a trade name and a trademark.
Ultimately, the precise circumstances of the use at issue are key to understanding whether a given trade name is operating as a trademark or not. For additional guidance or support, feel free to reach out to the Stokes Lawrence Intellectual Property team—we can help protect your trademarks while minimizing legal risk.
Disclaimer. This article is provided for general informational purposes only and does not constitute legal advice or a legal opinion. Every matter is different, and case outcomes depend on the specific facts and circumstances of each situation. Although Stokes Lawrence, P.S., strives to ensure the accuracy of the information presented, the law is continually evolving, and the information contained herein may not reflect the most recent legal developments or the current state of the law. You should consult competent legal counsel licensed in the appropriate jurisdiction regarding your particular circumstances. Reading, accessing, or relying on this article or website does not create an attorney-client relationship with Stokes Lawrence, P.S.
