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trade style vs. trademark

English translation: branch vs. propietary term

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:trade style vs. trademark
English translation:branch vs. propietary term
Entered by: Michael Powers (PhD)
Options:
- Contribute to this entry
- Include in personal glossary

13:38 Nov 9, 2003
English to English translations [PRO]
Law/Patents
English term or phrase: trade style vs. trademark
What is the difference between the two?
Is there any difference in legal terms?
Laura Vinti
United States
Local time: 11:06
branch vs. propietary term (see explanations below_
Explanation:
Random House - "trademark"

trade·mark (tr!dÆmärkÅ), n.
1. any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others. A trademark is a proprietary term that is usually registered with the Patent and Trademark Office to assure its exclusive use by its owner.
2. a distinctive mark or feature particularly characteristic of or identified with a person or thing.


Branch — A branch is a secondary location of a business. It has no legal responsibility for its debts, even though bills may be paid from the branch location. It will have the same legal business name as its headquarters, although branches frequently operate under a different trade style. A branch may be located at the same address as the headquarters if it has a unique trade style and unique operations. In such cases, the branch will appear to be a duplicate of the headquarters record.

This link, "Comprehensive Report Glosary" illustrates the use of "trade style" as seen above.

Comprehensive Report Glossary
... It will have the same legal business name as its headquarters, although
branches frequently operate under a different trade style. ...
www.hoovers.telebase.com/crgloss.htm - 15k - Cached - Similar pages

D&B - Glossary of Terms

Mike :)
Selected response from:

Michael Powers (PhD)
United States
Local time: 11:06
Grading comment
Thanks again Mike.
I would also like to thank the others for the discussion that followed, which helped me to better understand the term. Sergey's concise entry summarized the meanings quite effectively - thanks to everyone!
Laura
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +4branch vs. propietary term (see explanations below_
Michael Powers (PhD)
4 +3trade style
Сергей Лузан
5trade style => assumed name
airmailrpl
4Not for Kudos
DGK T-I


  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
branch vs. propietary term (see explanations below_


Explanation:
Random House - "trademark"

trade·mark (tr!dÆmärkÅ), n.
1. any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others. A trademark is a proprietary term that is usually registered with the Patent and Trademark Office to assure its exclusive use by its owner.
2. a distinctive mark or feature particularly characteristic of or identified with a person or thing.


Branch — A branch is a secondary location of a business. It has no legal responsibility for its debts, even though bills may be paid from the branch location. It will have the same legal business name as its headquarters, although branches frequently operate under a different trade style. A branch may be located at the same address as the headquarters if it has a unique trade style and unique operations. In such cases, the branch will appear to be a duplicate of the headquarters record.

This link, "Comprehensive Report Glosary" illustrates the use of "trade style" as seen above.

Comprehensive Report Glossary
... It will have the same legal business name as its headquarters, although
branches frequently operate under a different trade style. ...
www.hoovers.telebase.com/crgloss.htm - 15k - Cached - Similar pages

D&B - Glossary of Terms

Mike :)


Michael Powers (PhD)
United States
Local time: 11:06
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 1174
Grading comment
Thanks again Mike.
I would also like to thank the others for the discussion that followed, which helped me to better understand the term. Sergey's concise entry summarized the meanings quite effectively - thanks to everyone!
Laura

Peer comments on this answer (and responses from the answerer)
agree  DGK T-I: ~
1 hr
  -> thank you, Dr. Giuli - Mike :)

agree  Iftekhar Hassan: better explanation
4 hrs
  -> thank you, Iftekhar - Mike :)

agree  Mario Marcolin
5 hrs

agree  Charlie Bavington: altho' it doesn't have to be a branch. It can be any other name that the company uses to trade under, either wholly or in part (a subsidiary or, maybe, a branch). In the UK, it's often called a "tradING style" - Co. X (registered name) "trading as" Y.
12 hrs
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9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
trade style


Explanation:
is not necessarily protected by law nationwide. It can be just developed & handed over to the client by the contractor. 'trademark' is always registered & protected by law. Hope it helps. Good luck, Laura Vinti!
Re.: own experience

Сергей Лузан
Russian Federation
Local time: 18:06
Native speaker of: Native in RussianRussian
PRO pts in pair: 49

Peer comments on this answer (and responses from the answerer)
agree  DGK T-I: I suspect 'trade style' may come from 'X styling himself as[a name]' which means just that X calls himself by that name.There are a number of refs for registered'trade styles'of course(& unwisely,trademarks aren't always reg).~To Charlie-see below:-)
1 hr
  -> Thanx, Dr. Giuli Kvrivishvili! "trade style" could have even a wider meaning, than just name, but you defined a clear possibility. Of course, both could be without any registration as well as either with it. It depends in each particular case.

agree  Nikki Scott-Despaigne: Look no further.
2 hrs
  -> Thanx, Nikki Scott-Despaigne!

agree  Charlie Bavington: Correct. And note to Dr GK: in the UK at least, it's not "styling". Like I said above, Co X (being the registered name) trading as Y is an accepted formulation. And "Y" can be protected legally to a certain extent by legislation against "passing off"
12 hrs
  -> Thanx, Charlie Bavington! 'trade style' could have even a wider meaning than just name!
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4 hrs   confidence: Answerer confidence 5/5
trade style => assumed name


Explanation:
WWWAC Board Meetings
... of the meeting being to provide WWWAC's bank, Chase, with a resolution authorizing WWWAC's use of an assumed name (referenced as "trade style"), WWWAC, in our ...
www.wwwac.org/board/minutes/2002/041002b.html

D&B Million Dollar Database
... It will have the same legal business name as its headquarters, although branches frequently operate under a different trade style than the headquarters ...
www.dnbmdd.com/mddi/family_tree.aspx

airmailrpl
Brazil
Local time: 12:06
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in pair: 1144
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22 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Not for Kudos


Explanation:
Charlie B. wrote in comment above
"And note to Giuli K: in the UK at least, it's not "styling". Like I said above, Co X (being the registered name) trading as Y is an accepted formulation. And "Y" can be protected legally to a certain extent by legislation against "passing off"

That misses the point of the comment I made above.
I WASN'T saying that companies use it that way commercially.
I WAS saying that there is an old formal expression as in "Edmund Mortimer, styling himself Earl of March" (just meaning he calls himself that) which may be the root of the modern commercial expression, and a clue to its meaning and use. That's a different thing, but mildly useful I think ~



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Note added at 22 hrs 12 mins (2003-11-10 11:51:14 GMT)
--------------------------------------------------

For that matter, the same old fasioned formal language which I had in mind as a clue to the origin of this modern commercial expression, would talk about, \" Edmund Mortimer, having the title and style of Earl of March, etc\", ie: he has that name. Again interesting, and not without use to know, I think ~

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Note added at 1 day 17 hrs 56 mins (2003-11-11 07:35:14 GMT)
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You can still talk about a company or a person being styled as [a name, eg: Bloggs & Watson, or a description eg: expert piano makers],
(without the trade bit).

DGK T-I
United Kingdom
Local time: 16:06
PRO pts in pair: 401
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