What is the difference between an Oklahoma trademark and Oklahoma trade name?

The terms trademark and trade name are often confused. It is particularly problematic when someone is trying to register one of these with the Oklahoma Secretary of State. While they are somewhat similar, they have a distinct place under Oklahoma law and in the process of registration with the Oklahoma Secretary of State.

An Oklahoma trademark means any word, name, symbol, emblem, or device or any combination of these adopted and used by a person or business to identify goods made or sold or services rendered by them and to distinguish them from goods made or sold or services rendered by others.

An Oklahoma trade name is is simply the name of a business or person who is doing business under any name different than what they have registered with the Secretary of State. For instance, a person who has Smith Corporation under Oklahoma law, but actually does business as Acme Products, would register the name Acme Products as a trade name by filing a trade name report with the Oklahoma Secretary of State. A business or individual can own one or more trade. Registering a trade name does not confer any trademark rights on the registrant.

To make sure your business is protected on both fronts, feel free contact me anytime (sjr@shawnjroberts.com).