Can the commissioner restrict advertising under a trade name?

• A. Yes
• B. No
• C. Only for new licenses
• D. Only if the trade name is misleading

Answer: (A)

Advertising by licensed professionals is regulated to prevent confusion about who is actually licensed and who is responsible for the work. The commissioner has the authority to govern how a licensee presents themselves in ads, including the use of a trade name, because such names can obscure the true identity of the licensed party and what they are authorized to do. To protect the public, advertising may be restricted if a trade name could mislead customers about licensure, authority, or accountability, or if it hides who is legally responsible for the work. This authority applies to ongoing advertising by current licensees, not just to new licenses, and it isn’t limited to only cases where the trade name is plainly deceptive; even seemingly legitimate trade names can be restricted if they risk misrepresentation. So, the commissioner can restrict advertising under a trade name to ensure clear, truthful representation of licensure and responsibility.