Trade Name - Law Dictionary Search Results
Home Dictionary Name: trade nametrade name
trade name : a name or mark that is used by a person (as an individual proprietor or a corporation) to identify that person's business or vocation and that may also be used as a trademark or service mark NOTE: Like a trademark or service mark, a trade name is protected by law against infringement. A trade name that has been used for at least 6 months can be recorded with the Customs Bureau, and any infringing imports will be barred. ...
certificate of assumed name, trade name, or fictitious name
certificate of assumed name, trade name, or fictitious name A certificate granted by a state authority (usually the secretary of state) that allows you to transact business under a name other than your own ...
fair-trade agreement
fair-trade agreement : an agreement between a producer and a seller that commodities bearing a trademark, label, or trade name belonging to the producer be sold at or above a specified price NOTE: Most fair-trade agreements are illegal. ...
brand name
brand name : trade name ...
Business names
Business names. The (English) Registration of Business Names Act, 1916, necessitates the registration of every firm or person carrying on business in the United Kingdom unless carried on in their true names. 'Business' includes profession. The Act imposes penalties for any period of non-registration or fraud when furnishing any statement required by the Act. S. 8 provides that any firm or person, in default of registration, shall be unable to enforce contracts made in relation to the business in respect of which the default has been made. Provisions are, however, made for obtaining relief in certain cases. Firms and persons obliged to register under the Act must set out in trade catalogues, business letters, etc., the true name or names of the person or persons trading under the business name. The fees payable on registration have been increased by s. 5 of the (English) Fees Increase Act, 1923. See also the (English) Companies Act, 1929, s. 145, which applies and extends the provisions...
Trade Union
Trade Union. The Acts 30 & 31 Vict. cc. 8, 74, provided for facilitating the proceedings of a commission appointed by Queen Victoria to inquire into and report on the organization and rules of trade unions, and other associations of employers and workmen. The (English) Trade Union Act, 1871 (34 & 35 Vict. c. 31), provides:-S. 2. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.'S. 3. 'The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust.'S. 4. 'Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for breach of any of the following agreements, namely,(1) Any agreement between members of a trade union as su...
Trade marks
Trade marks. by the Trade Marks Act, 1905 (English) (5 Edw. 7, c. 15), s. 3:-A 'mark' shall include a device, brand, heading, label, ticket, name, signature, word, letter, numeral or any combination thereof.A 'trade mark' shall mean a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trademark by virtue of manufacture, selection, certification, dealing with, or offering for sale.A 'registrable trademark' shall mean a trade mark which is capable of registration under the pro-visions of this Act.Subject to the Trade Mark Acts, the owner of a trademark has a right to its use in connection with the goods associated with it, whether or not it is registered or registrable by him, and if that right is infringed by a sale of other goods under his mark, or a colourable imitation or otherwise so as to be calculated to deceive a purchaser that those goods are goods of his manufacture, sale or mark, the ...
infringement
infringement : the act or an instance of infringing ;esp : the unauthorized use of copyrighted or patented material or of a trademark, trade name, or trade dress see also equivalent, fair use NOTE: Infringement of a trademark, trade name, or trade dress involves use of one by the infringer that is the same as that of the owner or so similar that it is likely to deceive or to cause confusion or mistake on the part of the average purchaser. Infringement of a copyright involves the copying of a material and substantial portion of the protected work. If the alleged infringer denies copying, the copyright holder may be able to prove infringement with circumstantial evidence of the infringer's access to the protected work and of similarities between the two works. ...
Trade description
Trade description, means 'any description, state-ment, or other indication, direct or indirect, (a) as to the number, quantity, measure, gauge, or weight of any goods, or (b) as to the place or country in which any goods were made or produced, or (c) as to the mode of manufacturing or producing any goods, or (d) as to the material of which any goods are composed, or (e) as to any goods being the subject of an existing patent, privilege, or copyright, and the use of any figure, word, or mark which, accord-ing to the custom of the trade, is commonly taken to be an indication of any of the above matters.' A 'false trade description' means a trade description which is false in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, where that alteration makes the description false in a material respect, and the fact that a trade description is a trade mark, or part of a trade...
Trade mark and property mark
Trade mark and property mark, the concept of trade mark is distinct from that of a property mark. A mark, as defined by s. 2(1)(j) of the Trade and Merchandise Marks Act, 1958, includes a device, brand, heading, label, ticket, name, signature, world, letter or numerical or any combination thereof. A trade mark means a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right as proprietor to use that mark. The function of a trade mark is to give an indication to the purchaser or a possible purchaser as to the manufacture or quality of the goods, to give an indication to his eye of the trade source from which the goods come, or the trade hands through which they pass on their way to the market. On the other hand, a property mark, as defined by s. 479 of the Penal Code means a mark used for denoting that a movable property belongs to a particular person. Thus, the distinction be...
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