Legal Definitions - name

In a legal context, a name is a word or phrase used to identify or distinguish a specific person, organization, or item from others. It serves as a unique identifier for legal and administrative purposes.

Different types of names carry specific legal implications:

• Corporate Name

  This is the official, registered name under which a corporation or similar business entity conducts all its legal affairs. This name is filed with a state authority (like the Secretary of State's office) and is used for contracts, lawsuits, tax filings, and other official business. It often includes words like "Corporation," "Incorporated," "Company," or their abbreviations to signify its legal structure.

  • Example 1: "Horizon Tech Solutions, Inc." is the corporate name registered by a software development firm. This is the name that appears on all their legal documents, such as their lease agreement for office space or their annual tax returns.
  • Example 2: A restaurant chain operates under the corporate name "Gourmet Bites Holdings, LLC." When they acquire a new property, the purchase agreement will be signed using this specific legal entity name.
  • Example 3: A non-profit organization registers as "Community Wellness Foundation" with the state. This corporate name allows them to legally apply for grants, receive donations, and enter into service contracts.
• Distinctive Name

  A distinctive name is one that clearly sets apart a particular product, service, or business from others in the marketplace. For a name to be protected under trademark law, it must be distinctive enough that consumers can easily associate it with a specific source, rather than just describing the product itself.

  • Example 1: A new brand of athletic shoes is called "NimbusStride." This name is distinctive because it doesn't directly describe shoes but evokes qualities like lightness and speed, making it unique and protectable.
  • Example 2: A small artisanal bakery names itself "The Flourish Oven." While "oven" relates to baking, the combination "The Flourish Oven" is distinctive and helps customers differentiate it from other bakeries.
  • Example 3: A company launches a new line of organic skincare products under the name "Veridian Glow." This name is distinctive because it's not merely descriptive of "organic" or "skincare" but creates a unique brand identity.
• Full Name

  This refers to an individual's complete personal identification, typically including their personal name (first name), any middle names or initials, and their surname (last name), arranged in the customary order for their culture. It's the comprehensive name used for official identification.

  • Example 1: When applying for a driver's license, an individual provides their full name as "Olivia Marie Chen." This includes her given name, middle name, and family name.
  • Example 2: A university requires students to provide their full name for their academic records, such as "Samuel David Rodriguez-Perez," ensuring all parts of their hyphenated surname are included.
• Legal Name

  An individual's legal name is the name officially recognized by law. This is typically the name recorded on their birth certificate or a name formally changed through a court order. It is the name used for all official documents, such as passports, government IDs, and legal contracts.

  • Example 1: A person born as "Michael Anthony Johnson" has this as their legal name, which is used on their birth certificate and all subsequent government identification.
  • Example 2: An individual legally changes their name from "Sarah Elizabeth Smith" to "River Skye" through a court petition. "River Skye" then becomes their new legal name for all official purposes.
  • Example 3: While a musician might be known professionally as "The Maestro," their legal name, "Arthur Benjamin Davies," is what appears on their recording contracts and tax documents.
• Maiden Name

  This term specifically refers to a woman's surname (family name) before she was married, especially if she subsequently changed her surname upon marriage. It is often used for historical identification or to link past records.

  • Example 1: Ms. Eleanor Vance married Mr. Thompson and changed her surname to Thompson. Her maiden name, Vance, is often requested on medical forms to help locate previous health records.
  • Example 2: When applying for a security clearance, an applicant might be asked for their mother's maiden name, such as "Kim," to verify background information.
• Personal Name (also known as Given Name or First Name)

  This is the individual name given to a person at birth or during a naming ceremony, distinguishing them from other members of their family. In many Western cultures, it is commonly referred to as the "first name."

  • Example 1: In the name "Isabella Grace Miller," "Isabella" is the personal name chosen by her parents.
  • Example 2: A child is given the personal name "Kai," which is distinct from their family's surname.
• Surname (also known as Family Name)

  The surname is the family name that an individual typically inherits at birth, acquires through marriage, or adopts by choice. It is usually shared among members of a family, indicating lineage or marital connection.

  • Example 1: In the name "David Lee Kim," "Kim" is the surname, shared by David's parents and siblings.
  • Example 2: After marriage, Ms. Anya Sharma and Mr. Raj Singh decide to hyphenate their surnames, creating "Sharma-Singh" as the new family surname for themselves and their children.
  • Example 3: An individual legally adopts the surname "Brightwood" to reflect a personal connection to their ancestral heritage, changing their family name from their birth surname.