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Re: Corporate name vs. Trade Name[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by Stephen Anderson on July 31, 2001 at 07:50:12: In Reply to: Corporate name vs. Trade Name posted by Debbie on July 29, 2001 at 09:23:52: Dear Bob/Debbie: The nature of the name itself (is it generic or arbitrary or coined) and the type of use are always essential considerations in a case like the one you described. Without complete information, no answer can be offered herein. Generally speaking, once a term is used as a trade name in business, (openly and publicly - not just filing Articles of Incorporation or a DBA) such prior use of a trade name However to be protected as a trademark the trade name must be used (and should be registered) as a TRADEMARK. According to a recent Illinois decision, WHEN a trade name acquires secondary meaning (that is that the consumers can recognize the terms as distinctive of a particular traders' goods and services), prior use The specifics of your case really cannot be answered in a nutshell but require the application of the law to the facts. For more information - visit us at www.brandXperts.com Best Regards, Anderson & Shippey
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