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A trade name pertains to the identity of a company and is given protection by the law even prior to or without registration, against any unlawful act committed by third parties. The right to the exclusive use of a corporate name with freedom from infringement by similarity is determined by priority of adoption.
A trade name is an official nickname or name of an enterprise, business or company while trademark provides legal protection and recognition for a certain brand by the use of logo, name, symbols or slogans.
It is a legal requirement for businesses to register their trade name in order to conduct business activities and transactions in the Philippines. A trade name is often used interchangeably with a business name or a fictitious name, and it is the name that the public identifies a business with.
Statement of Policy - The primary purpose of this Order is to provide protection to the public dealing with a business establishment through disclosure of the identity and citizenship of the person owning the business as well as other facts of records in the Department of Trade and Industry.
Jul 21, 2023 · A name is a designation given to a trade or business that the public can recognize. Section 121 of The Intellectual Property Code of the Philippines, provides that a trade name is “the name or designation identifying or distinguishing an enterprise.” One cannot use any name at a whim.
Jul 11, 2022 · Section 165.2(b) of the IP Code states that it is unlawful for any person to subsequently use a trade name, whether used as a trade name or a mark, or to use any similar trade name or mark likely to mislead the public.
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May 2, 2022 · The law distinguishes between the two: a trade name relates to a company’s formal name, but a trademark provides legal protection to a company’s brand. While they may not be identical, businesses should avoid picking trade names that are too similar to a registered trademark because this could result in a lawsuit.