Trademark vs Tradename

[dan_Vt]

Is there much of a difference in the legality of a domain that's tradenamed vs trademarked? Does a trademark carry more legal "weight"?

 

[Dave_Z]

IIRC, a tradename is merely the name of the business. But it can be used as a
trademark as well.

If I sell bowling balls from my business DaveZan LLC, DaveZan is a tradename.
But if I sell DaveZan bowling balls from my business, DaveZan is a trademark.

I could be wrong, but a tradename means nothing towards a domain name in
terms of legality or otherwise. If Dr. B passes by, he can explain better.

 

[DNQuest.com]

A tradename is protected as a trademark, the name is used in commerce. IE Microsoft is the tradename, Microsoft Windows is the product name, both are legally protected Trademarks.

Straight for uspto.gov

What is a trademark or service mark?

A trademark includes any word, name, symbol, or device, or any combination used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.

A service mark is any word, name, symbol, device, or any combination, used, or intended to be used, in commerce, to identify and distinguish the services of one provider from the services provided by others, and to indicate the source of the services.

 

[dan_Vt]

A tradename is protected as a trademark, the name is used in commerce. IE Microsoft is the tradename, Microsoft Windows is the product name, both are legally protected Trademarks.

So correct me if I'm wrong, the same laws apply in terms of protection, it's just that marks identify a different thing than a name. I don't necessarily need to register both...

 

[DNQuest.com]

It would depend on the circumstances. With me, I would register everything I could.

 

[dan_Vt]

I'm sure to be safe I should register both.

Thanks for the help.

rep added.

 

[jberryhill]

A tradename is protected as a trademark,

No.

I can establish "Dog Food Inc." as a corporation, and I can sell dog food.

It's not going to be a trademark.

http://www.arb-forum.com/domains/decisions/192249.htm

Considering the limited evidence filed by Complainant to meet the necessary burden imposed on it, the Panel is of the opinion that Complainant has not satisfactorily established rights in the marks COUPONS, INC. and COUPONS.COM. Indeed, the former being a trade name and the latter a domain name, in light of the evidence submitted, the Panel must find that Complainant has failed to achieve proprietary rights which it might have otherwise had if secondary meaning had been proven. For this reason there is no point in reviewing the other two elements necessary to prove a domain name case under the UDRP, and the Panel rules for Respondent.

 

[DNQuest.com]

a tradename could be a trademark.... is how it should be worded. But as with any TM, you need to prove rights or greater rights. With descriptive names, it is harder to prove.