Oficina española de Patentes y Marcas

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What is the difference between a trademark and a trade name and what advantages does a trademark offer that a trade name does not?

A trademark is a sign that serves to distinguish products and services on the market.

A trade name does not represent a product or service and instead serves to identify the trade activity undertaken by a company and to differentiate it from all other companies in both the same and different sectors.

The trademark is the distinctive sign par excellence and can be extended internationally through procedures established via the international or European procedure for registering a trademark. In contrast, it is not possible to do this for a trade name, which can only be protected on a country by country basis and in accordance with the national regulations of each State.
 

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