The Difference Between Trademarks and Trade Names

Explore Trademark and Trade Name Rules for New York Business Owners

After launching a business, one of the first things people want to do is make it feel real. That often starts with choosing a name. But the process of protecting that name is where confusion tends to settle in. Many business owners in New York State get caught between two terms: trademarks and trade names. They sound similar, but legally, they serve very different purposes.

At Horn Wright, LLP, our intellectual property attorneys help clients understand what protections they need, what risks they should avoid, and how to protect their brand identity with clarity. Whether you’re starting your first business or expanding your brand, our team knows how to help you protect the name you’ve worked hard to build.

Trademarks vs. Trade Names: What They Mean in New York

A trade name is the public-facing name a business uses to operate, such as a storefront or brand identity that differs from the official entity name. Often called a DBA (“Doing Business As”), it allows you to operate under a different name than what’s registered with the New York Department of State. However, it doesn’t give you any exclusive rights to that name.

A trademark protects the actual identity of your brand, such as logos, product names, slogans, or unique business names. While trade names are typically registered with state or county offices, trademarks are filed through the United States Patent and Trademark Office or New York’s own trademark system. Trademarks allow you to legally stop others from using a name or branding that’s too close to yours, especially if it could confuse consumers.

Focus on Function: How Trademarks Work in New York

Trademarks act as legal shields. They help you protect the identity of your business and stop others from copying your name, logo, or slogan. If you sell a product or provide a service under a unique brand, a trademark lets you keep that brand legally yours.

Here’s how that works in practice:

A restaurant in Syracuse uses a one-of-a-kind logo and slogan on menus and signs

The owner registers the logo and slogan as trademarks with the USPTO

Another business opens nearby using a similar design and phrasing

Because of the registered trademark, the original restaurant can file a claim and enforce their rights

Trademarks offer different levels of protection depending on how and where you register. Federal trademark registration provides nationwide protection, while New York State offers local coverage for those not ready to file federally.

Even without formal registration, using a mark in commerce may give you some common law rights. But securing full ownership becomes much easier when you formally protect your trademark through state or federal channels.

Show Real-World Use: How Trade Names Appear in Daily Business

Trade names don’t offer ownership or legal control over a name. They simply allow a business to operate under a different identity than its registered entity name, typically through a DBA or “Doing Business As” filing.

In New York, many businesses adopt trade names to create strong public identities. For example:

A Buffalo-based LLC named “Harrison Beverage Group, LLC” wants to operate retail stores under the name “Lakeview Liquors.” The owner files a DBA for “Lakeview Liquors” with the Erie County Clerk’s office

The business begins using that name on signs, invoices, and social media accounts

However, this type of registration does not provide exclusive rights. If another company trademarks the name “Lakeview Liquors,” the original business could be forced to rebrand despite long-term use.

Draw Legal Lines: Trademark vs. Trade Name Protections

Here’s where many New York business owners slip up. They think registering a trade name gives them ownership of that name. It doesn’t. Trade names let you operate under a chosen name, but they don’t stop anyone else from using it. Only trademarks offer that level of exclusivity.

If you want to prevent others in New York or across the country from using a similar name, you need a trademark. Otherwise, your business could face:

• Customer confusion that damages your brand
• Legal disputes that cost time and money
• Forced rebranding after building name recognition

Trademarks create enforceable rights. If someone uses a name that’s too close to yours, especially in the same industry, you can take legal action. With trade names, you don’t have that option.

Talk Process: How to Register Each in New York State

Filing a trade name and filing a trademark are two separate processes, handled by different agencies with different rules.

To register a trade name in New York:

• Visit the New York Department of State website
• Complete and file the Certificate of Assumed Name form
• To register a trademark:
• Decide between state or federal protection
• Apply through the USPTO or New York’s Division of Corporations

Registering a trademark takes time. Federal filings can take 8 to 12 months. But the investment protects your brand long-term.

If you’re serious about branding your product, your service, or your logo across New York or nationally, start with trademark protection. If you just want to use a different name locally for business signage or invoices, a trade name will do.

Prevent Mistakes: Why Confusing the Two Can Hurt Your Business

In New York, mixing up trade names and trademarks can create serious problems for your business. A trade name might let you operate locally, but it doesn’t give you legal control if someone else trademarks that same name.

Here’s where business owners often go wrong:

• They skip the trademark search entirely
• They assume a DBA offers brand protection
• They invest in marketing too early
• They receive cease-and-desist letters or face lawsuits

Once your brand has value, making changes becomes costly. Avoid these risks by doing your research, registering your trademark early, and treating your business name as a legal asset, not just a label.

Apply It Locally: What New York Businesses Should Do First

Before choosing a name, business owners in New York should follow a clear checklist. This helps avoid expensive legal problems down the road. These steps also build a solid foundation for growth, no matter what industry you’re in.

Start here:

• Search your desired business name in the New York Corporation & Business Entity Database
• Look up existing trademarks using the USPTO’s Trademark Electronic Search System (TESS)
• Check domain name availability for online branding
• Decide if you want local-only rights (use a trade name) or broader legal protection (file a trademark)
• File the correct paperwork with the Department of State or USPTO

These steps matter whether you run a storefront in Manhattan or a service company in the Hudson Valley. New York’s economy is competitive. Protecting your name from the start makes all the difference.

Know What You’re Protecting in New York

Knowing whether you need a trademark or a trade name depends on what you’re trying to secure. A trade name identifies your business publicly, but it doesn’t offer ownership. A trademark gives you legal rights to protect your brand and stop others from using similar names.

At Horn Wright, LLP, we help New York businesses take clear, informed steps to protect what they’ve built. If you’re ready to move forward with guidance tailored to your goals, contact us.