Trade name, legal name, and registered trademark: know the difference and protect your brand

In the fashion industry, a brand’s identity is as valuable as the design of its pieces. However, many designers and entrepreneurs confuse three essential concepts: trade name, legal name, and registered trademark. Understanding the differences between them is crucial to avoid legal conflicts and protect your company’s intangible assets.

1.⁠ ⁠Trade name

This is the name your brand is known by to the public. In fashion, it conveys style, concept, and identity. However, a trade name does not guarantee exclusive rights — it must be registered as a trademark to be protected.

2.⁠ ⁠Legal name

This is the company’s official name, the one listed in incorporation documents and used for tax purposes. It may differ from the trade name.

3.⁠ ⁠Registered trademark

This is the property title granted by the relevant intellectual property office (in Brazil, the INPI) that ensures exclusive use throughout the country in its category. Without registration, another business could register the same name and legally prevent you from using it, even if you’ve been using it commercially.

Why does this matter for fashion designers and brands?

In Fashion Law, protecting your identity is a strategic matter. A registered trademark increases commercial value, attracts investors, facilitates partnerships, and provides legal backing against copies and unauthorized use. It also prevents costly and stressful situations, such as having to change your brand’s name when it’s already established in the market. Working with specialized legal counsel from the very beginning of your brand means building a solid business with a strong foundation to grow sustainably and securely.