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Company Names vs. Trade Names: Understanding the Legal Difference

So you did all the hard work that was necessary to get a new business off the ground. And you formed a new business entity with the Secretary of State to conduct that business, such as a corporation or limited liability company (“LLC”).

In forming your company, you may have given it the same catchy name under which you plan for it to sell its goods or services to the public – i.e., its trade name. And you may believe that the Secretary of State’s acceptance of your company’s organizational documents gives your company the right to use its legal name in commerce for that purpose. Unfortunately, as many people find out too late, it’s not so simple.

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