Trademark vs Trade Name/Business Name

Our IP team constantly encounters this query and issue raised by its clients. For this reason, we are taking this opportunity to clarify and offer the necessary explanations and information as to what are the differences between a trademark and a tradename.

Let's define the issue first. The issue that arises is the confusion surrounding the meaning of the words 'trademark' and 'trade name' for people who are not familiarized with these terms. The confusion stems from the fact that the two words have the same first component, thus it makes it difficult to understand that the word trade name is not just another name for trademarks. The two are quite distinct. An easy explanation is that trade – marks have to do with logos, whereas trade – names have to do with words.