In starting a business, you may have learned that a DBA (Doing Business As) can be helpful in building your brand. It gives you the ability to operate your business under a different name from your LLC or even your own name. This allows you the freedom to create a unique brand identity that pops and attracts your customers.
You may be under the impression that by filing a DBA, you're gaining some sort of legal protection over your brand name.
I'm here to dispel that notion.
DBAs are helpful because they put the public on notice as to who is running the business behind the brand name. But a DBA does not prevent that name from being used by someone else. In fact, someone in another state or even your own area could potentially use the same or a similar name without any legal consequences. They could even register a trademark and force you to stop using your DBA name claiming infringement.
Another important point to note is that DBAs are more local in scope. They’re typically registered at the county or state level, meaning your DBA is only recognized in the areas where you’ve filed it.
A trademark, on the other hand, offers more protection. When you register a trademark with the U.S. Patent and Trademark Office (USPTO), you’re securing legal rights to your brand name, logo, or slogan on a national level. This means you can enforce your trademark rights across the U.S. against anyone who tries to use something confusingly similar in the same industry. With a trademark, you have the ability to take legal action to stop others from infringing on your brand identity.
In short, while a DBA allows you to operate under a catchy name, it doesn't provide the protection many business owners assume it does. If you're serious about securing your brand and ensuring it's yours and yours alone, trademark registration is the way to go.
If you're feeling unsure about the process or want to protect your business name the right way, feel free to reach out to a legal professional!
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