The primary protection for trade names is common law.

Question

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Trade names are primarily protected under common law, which is a system of law based on court decisions rather than statutory law. Common law protection for trade names arises from the use of the name in commerce, and the establishment of a reputation or goodwill associated with that name. However, registration of trade names with the appropriate state agency or the federal government can also provide additional legal protection.

The Primary Protection for Trade Names Is Common Law