Most lay people find the law and terminology surrounding trademarks and tradename to be confusing.

The formal name of a business is call its tradename. The name the business uses to market its products and services is call a trademark.

The distinction between tradenames and trademarks can be a little confusing because many small businesses use at least a part of their tradename as their trademark. Large businesses commonly use different names for their trademarks.

The distinction between a corporate name and a fictitious name can also be confusing. A corporate name is the tradename of a corporation that is registered in the Secretary of State's Office. Normally, the corporate name is followed by a corporate identifier, such as INC. or INCORPORATED, or CORP. or CORPORATION.

In some instances, individuals or partnerships will adopt a fictitious business name. When they do, they must file a fictitious name statement with the Department of Licensing.

To provide notice that a name has been adopted and used as a trademark, it is recommended that the business place a small "™" symbol after the mark. Such a symbol is not used with tradenames.