Assignment of Trade Name

A Trade Name is what a company or person officially uses to do business. It is the first step in building a brand, but it has also certain limits in use. On the other hand, a trademark is officially registered with the trademark office. Trade names and trademarks are registered separately. Furthermore, a trademark requires federal registration.

Although these are much more alike than the trade name, a brand name has yet to be trademarked. So, if you want your brand name to be protected, you will have to register it as a trademark.

After you have established a company, if you want to use a different name you can go to the county recorder’s office and ask for a registration form. You may have to pay a registration fee that varies by jurisdiction. Keep in mind that filing for a trade name is all there is - you still have to get all relevant permits and licenses.

Both trade names and trademarks require occasional renewal. For a trade name, this might be different depending on the state. You might want to inquire about it when you file for the name about if and when you would have to renew it. Since a trademark requires registration at the federal level, it is fairly well-known that you have to renew every ten years. You can even renew it earlier and it comes with a six-month grace period after the expiration.

As a sole proprietor, you will still have to register your trade name if you are doing business under that name. That is if you do not want someone to steal your name after you have made it famous. To be on the safe side, it is best to check with your county’s office about the instructions. Additionally, you can hire an attorney to help you sort out the paperwork.