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Trade name

A trade name, trading name, or business name, is a pseudonym used by companies that do not operate under their registered company name. The term for this type of alternative name is a "fictitious" business name. Registering the fictitious name with a relevant government body is often required.

In a number of countries, the phrase "trading as" (abbreviated to t/a) is used to designate a trade name. In the United States, the phrase "doing business as" (abbreviated to DBA, dba, d.b.a., or d/b/a) is used,[1] among others, such as assumed business name[2] or fictitious business name.[3] In Canada, "operating as" (abbreviated to o/a) and "trading as" are used, although "doing business as" is also sometimes used.[4]

A company typically uses a trade name to conduct business using a simpler name rather than using their formal and often lengthier name. Trade names are also used when a preferred name cannot be registered, often because it may already be registered or is too similar to a name that is already registered.

Legal aspects

Using one (or more) fictitious business name(s) does not create one (or more) separate legal entities.[1] The distinction between a registered legal name and a fictitious business name, or trade name, is important because fictitious business names do not always identify the entity that is legally responsible.

Legal agreements (such as contracts) are normally made using the registered legal name of the business. If a corporation fails to consistently adhere to such important legal formalities like using its registered legal name in contracts, it may be subject to piercing of the corporate veil.[5]

In English, trade names are generally treated as proper nouns.[6]

By country

Argentina

In Argentina, a trade name is known as a nombre de fantasía ('fantasy' or 'fiction' name), and the legal name of business is called a razón social (social name).

Brazil

In Brazil, a trade name is known as a nome fantasia ('fantasy' or 'fiction' name), and the legal name of business is called razão social (social name).

Canada

In some Canadian jurisdictions, such as Ontario, when a businessperson writes a trade name on a contract, invoice, or cheque, he or she must also add the legal name of the business.[7]

Numbered companies will very often operate as something other than their legal name, which is unrecognizable to the public.

Chile

In Chile, a trade name is known as a nombre de fantasía ('fantasy' or 'fiction' name), and the legal name of business is called a razón social (social name).

Ireland

In Ireland businesses are legally required to register business names where these differ from the surname(s) of the sole trader or partners, or the legal name of a company. The Companies Registration Office publishes a searchable register of such business names.[8]

Japan

In Japan, the word yagō (屋号) is used.

Nigeria

In Colonial Nigeria, certain tribes had members that used a variety of trading names to conduct business with the Europeans. Two famous examples were King Perekule VII of Bonny, who was known as Captain Pepple in trade matters, and King Jubo Jubogha of Opobo, who bore the pseudonym Captain Jaja. Both Pepple and Jaja would bequeath their trade names to their royal descendants as official surnames upon their deaths.

Singapore

In Singapore, there is no filing requirement for a "trading as" name, but there are requirements for disclosure of the underlying business or company's registered name and unique entity number.[9]

United Kingdom

In the United Kingdom, there is no filing requirement for a "trading as" name, but there are requirements for disclosure of the owner's true name and some restrictions on the use of certain names.[10]

United States

A minority of U.S. states, including Washington, still use the term trade name to refer to "doing business as" (DBA) names;[11] In most U.S. states now, DBAs are officially referred to using other terms; almost half of states, like New York and Oregon, use the term Assumed Business Name or Assumed Name;[12][13] nearly as many, like Pennsylvania, use the term Fictitious Name.[14]

For consumer protection purposes, many U.S. jurisdictions require businesses operating with fictitious names to file a DBA statement, though names including the first and last name of the owner may be accepted.[15] This also reduces the possibility of two local businesses operating under the same name, although some jurisdictions do not provide exclusivity for a name, or may allow more than one party to register the same name. Note, though, that this is not a substitute for filing a trademark application. A DBA filing carries no legal weight in establishing trademark rights.[16] In the U.S., trademark rights are acquired by use in commerce, but there can be substantial benefits to filing a trademark application.[17] Sole proprietors are the most common users of DBAs. Sole proprietors are individual business owners who run their businesses themselves. Since most people in these circumstances use a business name other than their own name,[citation needed] it is often necessary for them to get DBAs.

Generally, a DBA must be registered with a local or state government, or both, depending on the jurisdiction. For example, California, Texas and Virginia require a DBA to be registered with each county (or independent city in the case of Virginia) where the owner does business. Maryland and Colorado have DBAs registered with a state agency. Virginia also requires corporations and LLCs to file a copy of their registration with the county or city to be registered with the State Corporation Commission.

DBA statements are often used in conjunction with a franchise. The franchisee will have a legal name under which it may sue and be sued, but will conduct business under the franchiser's brand name (which the public would recognize). A typical real-world example can be found in a well-known pricing mistake case, Donovan v. RRL Corp., 26 Cal. 4th 261 (2001), where the named defendant, RRL Corporation, was a Lexus car dealership doing business as "Lexus of Westminster", but remaining a separate legal entity from Lexus, a division of Toyota Motor Sales, U.S.A., Inc.

In California, filing a DBA statement also requires that a notice of the fictitious name be published in local newspapers for some set period of time to inform the public of the owner's intent to operate under an assumed name. The intention of the law is to protect the public from fraud, by compelling the business owner to first file or register his fictitious business name with the county clerk, and then making a further public record of it by publishing it in a newspaper.[18] Several other states, such as Illinois, require print notices as well.[19]

Uruguay

In Uruguay, a trade name is known as a nombre fantasía, and the legal name of business is called a razón social.

See also

References

  1. ^ a b Pinkerton's, Inc. v. Superior Court 2016-12-30 at the Wayback Machine, 49 Cal. App. 4th 1342, 1348-49, 57 Cal. Rptr. 2d 356, 360 (1996) (collecting cases and explaining term of art "doing business as" (DBA)).
  2. ^ "Search". SOSNC.gov. North Carolina Secretary of State. 2018. Retrieved June 20, 2018.
  3. ^ California Business and Professions Code Section 17900 2019-08-02 at the Wayback Machine et seq.
  4. ^ "Business Registration". BusinessRegistration.ca. 2015. Retrieved 17 March 2016.
  5. ^ Plimpton, Laura (2007). Business Contracts: Turn Any Business Contract to Your Advantage. Irvine: Entrepreneur Press. p. 7. ISBN 9781613081303.
  6. ^ Gary Blake and Robert W. Bly, The Elements of Technical Writing, pg. 57. New York: Macmillan Publishers, 1993. ISBN 0020130856
  7. ^ Business Names Act, R.S.O. 1990, c. B.17, s. 2(6)
  8. ^ "Business Name Registration". Companies Registration Office. Retrieved 2022-02-01.
  9. ^ . www.ifaq.gov.sg. Archived from the original on 2014-07-26. Retrieved 2017-12-06.
  10. ^ "Companies House Booklet GP1, Chapter 10". Companieshouse.gov.uk. Retrieved 2020-03-09.
  11. ^ Washington State Department of Licensing FAQ: Trade name registration 2013-06-06 at the Wayback Machine
  12. ^ "NYS Division of Corporations, State Records and UCC". Dos.ny.gov. 2014-11-07. Retrieved 2020-03-09.
  13. ^ Oregon Registering Your Business Name FAQ 2021-05-05 at the Wayback Machine from the Oregon Secretary of State
  14. ^ "Fictitious Names". Dos.pa.gov. Retrieved 2020-03-09.
  15. ^ "Doing Business As: What Is It and Do You Need It?; Freshbooks Blog May 7, 2013". 2019-12-06.
  16. ^ (PDF). booklet. US Patent and Trademark Office. Archived from the original (PDF) on 4 February 2015. Retrieved 1 January 2013.
  17. ^ Hanson, Mary. . The Business Advisor. Archived from the original on 4 March 2016. Retrieved 1 January 2013.
  18. ^ "Publication Requirements For DBA in Los Angeles". Signature Filing.
  19. ^ "805 ILCS 405/ Assumed Business Name Act". www.ilga.gov. Retrieved 2018-02-21.

trade, name, this, article, about, businesses, cultivated, land, plants, cultivar, trade, designations, selling, names, pharmaceuticals, drug, nomenclature, other, products, services, brand, name, trade, name, trading, name, business, name, pseudonym, used, co. This article is about businesses For cultivated land plants see Cultivar Trade designations and selling names For pharmaceuticals see Drug nomenclature Trade names For other products and services see Brand name A trade name trading name or business name is a pseudonym used by companies that do not operate under their registered company name The term for this type of alternative name is a fictitious business name Registering the fictitious name with a relevant government body is often required In a number of countries the phrase trading as abbreviated to t a is used to designate a trade name In the United States the phrase doing business as abbreviated to DBA dba d b a or d b a is used 1 among others such as assumed business name 2 or fictitious business name 3 In Canada operating as abbreviated to o a and trading as are used although doing business as is also sometimes used 4 A company typically uses a trade name to conduct business using a simpler name rather than using their formal and often lengthier name Trade names are also used when a preferred name cannot be registered often because it may already be registered or is too similar to a name that is already registered Contents 1 Legal aspects 2 By country 2 1 Argentina 2 2 Brazil 2 3 Canada 2 4 Chile 2 5 Ireland 2 6 Japan 2 7 Nigeria 2 8 Singapore 2 9 United Kingdom 2 10 United States 2 11 Uruguay 3 See also 4 ReferencesLegal aspects EditUsing one or more fictitious business name s does not create one or more separate legal entities 1 The distinction between a registered legal name and a fictitious business name or trade name is important because fictitious business names do not always identify the entity that is legally responsible Legal agreements such as contracts are normally made using the registered legal name of the business If a corporation fails to consistently adhere to such important legal formalities like using its registered legal name in contracts it may be subject to piercing of the corporate veil 5 In English trade names are generally treated as proper nouns 6 By country EditArgentina Edit In Argentina a trade name is known as a nombre de fantasia fantasy or fiction name and the legal name of business is called a razon social social name Brazil Edit In Brazil a trade name is known as a nome fantasia fantasy or fiction name and the legal name of business is called razao social social name Canada Edit In some Canadian jurisdictions such as Ontario when a businessperson writes a trade name on a contract invoice or cheque he or she must also add the legal name of the business 7 Numbered companies will very often operate as something other than their legal name which is unrecognizable to the public Chile Edit In Chile a trade name is known as a nombre de fantasia fantasy or fiction name and the legal name of business is called a razon social social name Ireland Edit In Ireland businesses are legally required to register business names where these differ from the surname s of the sole trader or partners or the legal name of a company The Companies Registration Office publishes a searchable register of such business names 8 Japan Edit In Japan the word yagō 屋号 is used Nigeria Edit In Colonial Nigeria certain tribes had members that used a variety of trading names to conduct business with the Europeans Two famous examples were King Perekule VII of Bonny who was known as Captain Pepple in trade matters and King Jubo Jubogha of Opobo who bore the pseudonym Captain Jaja Both Pepple and Jaja would bequeath their trade names to their royal descendants as official surnames upon their deaths Singapore Edit In Singapore there is no filing requirement for a trading as name but there are requirements for disclosure of the underlying business or company s registered name and unique entity number 9 United Kingdom Edit In the United Kingdom there is no filing requirement for a trading as name but there are requirements for disclosure of the owner s true name and some restrictions on the use of certain names 10 United States Edit A minority of U S states including Washington still use the term trade name to refer to doing business as DBA names 11 In most U S states now DBAs are officially referred to using other terms almost half of states like New York and Oregon use the term Assumed Business Name or Assumed Name 12 13 nearly as many like Pennsylvania use the term Fictitious Name 14 For consumer protection purposes many U S jurisdictions require businesses operating with fictitious names to file a DBA statement though names including the first and last name of the owner may be accepted 15 This also reduces the possibility of two local businesses operating under the same name although some jurisdictions do not provide exclusivity for a name or may allow more than one party to register the same name Note though that this is not a substitute for filing a trademark application A DBA filing carries no legal weight in establishing trademark rights 16 In the U S trademark rights are acquired by use in commerce but there can be substantial benefits to filing a trademark application 17 Sole proprietors are the most common users of DBAs Sole proprietors are individual business owners who run their businesses themselves Since most people in these circumstances use a business name other than their own name citation needed it is often necessary for them to get DBAs Generally a DBA must be registered with a local or state government or both depending on the jurisdiction For example California Texas and Virginia require a DBA to be registered with each county or independent city in the case of Virginia where the owner does business Maryland and Colorado have DBAs registered with a state agency Virginia also requires corporations and LLCs to file a copy of their registration with the county or city to be registered with the State Corporation Commission DBA statements are often used in conjunction with a franchise The franchisee will have a legal name under which it may sue and be sued but will conduct business under the franchiser s brand name which the public would recognize A typical real world example can be found in a well known pricing mistake case Donovan v RRL Corp 26 Cal 4th 261 2001 where the named defendant RRL Corporation was a Lexus car dealership doing business as Lexus of Westminster but remaining a separate legal entity from Lexus a division of Toyota Motor Sales U S A Inc In California filing a DBA statement also requires that a notice of the fictitious name be published in local newspapers for some set period of time to inform the public of the owner s intent to operate under an assumed name The intention of the law is to protect the public from fraud by compelling the business owner to first file or register his fictitious business name with the county clerk and then making a further public record of it by publishing it in a newspaper 18 Several other states such as Illinois require print notices as well 19 Uruguay Edit In Uruguay a trade name is known as a nombre fantasia and the legal name of business is called a razon social See also Edit Companies portalPen name Rebranding Service mark Trade dressReferences Edit a b Pinkerton s Inc v Superior Court Archived 2016 12 30 at the Wayback Machine 49 Cal App 4th 1342 1348 49 57 Cal Rptr 2d 356 360 1996 collecting cases and explaining term of art doing business as DBA Search SOSNC gov North Carolina Secretary of State 2018 Retrieved June 20 2018 California Business and Professions Code Section 17900 Archived 2019 08 02 at the Wayback Machine et seq Business Registration BusinessRegistration ca 2015 Retrieved 17 March 2016 Plimpton Laura 2007 Business Contracts Turn Any Business Contract to Your Advantage Irvine Entrepreneur Press p 7 ISBN 9781613081303 Gary Blake and Robert W Bly The Elements of Technical Writing pg 57 New York Macmillan Publishers 1993 ISBN 0020130856 Business Names Act R S O 1990 c B 17 s 2 6 Business Name Registration Companies Registration Office Retrieved 2022 02 01 Govt iFAQ www ifaq gov sg Archived from the original on 2014 07 26 Retrieved 2017 12 06 Companies House Booklet GP1 Chapter 10 Companieshouse gov uk Retrieved 2020 03 09 Washington State Department of Licensing FAQ Trade name registration Archived 2013 06 06 at the Wayback Machine NYS Division of Corporations State Records and UCC Dos ny gov 2014 11 07 Retrieved 2020 03 09 Oregon Registering Your Business Name FAQ Archived 2021 05 05 at the Wayback Machine from the Oregon Secretary of State Fictitious Names Dos pa gov Retrieved 2020 03 09 Doing Business As What Is It and Do You Need It Freshbooks Blog May 7 2013 2019 12 06 Protecting Your Trademark PDF booklet US Patent and Trademark Office Archived from the original PDF on 4 February 2015 Retrieved 1 January 2013 Hanson Mary Corporate Names Trade Names Trademarks and Fictitious Names The Business Advisor Archived from the original on 4 March 2016 Retrieved 1 January 2013 Publication Requirements For DBA in Los Angeles Signature Filing 805 ILCS 405 Assumed Business Name Act www ilga gov Retrieved 2018 02 21 Retrieved from https en wikipedia org w index php title Trade name amp oldid 1127970523, wikipedia, wiki, book, books, library,

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