Key Takeaways

  • A DBA (Doing Business As) is a fictitious business name used to operate under a name different from the legal entity’s registered name.
  • A trademark offers federal legal protection for your brand’s name, logo, slogan, or other distinguishing symbols used in commerce.
  • DBAs do not provide exclusive rights or prevent others from using a similar name.
  • Trademarks offer legal recourse against infringement and are stronger for brand protection.
  • You can have both a DBA and a trademark, and in many cases, combining the two is a strategic choice.
  • DBA registration is typically done at the state or county level, while trademarks are registered with the USPTO.
  • Choosing between a DBA and a trademark depends on your long-term business goals and whether you seek legal protection for branding.
  • You can find a qualified attorney on UpCounsel for personalized help navigating DBA and trademark registrations.

Understanding DBA vs. trademark is important if you want to make sure that your business is legally protected. Doing business as (DBA) registrations and trademarks serve two completely different purposes. A DBA allows you to do business using a fictitious name, which is any name other than your legal name. A trademark, on the other hand, is a type of intellectual property registration that protects your business's branding.

DBAs and Trademarks

After you've filed your DBA registration, its common to assume that you would have exclusive rights to your fictitious name, but in reality, you don't have any rights to your DBA name if it violates another company's trademark.

If you register a trademark, you will have the sole rights to your mark. Trademarks can be words, designs, and symbols that you use to brand your business's commercial goods. Registering a DBA provides you almost no legal rights, but registering a trademark lets you stop other entities from using your mark without your permission.

Registration Process and Costs Compared

DBA Registration:

  • Typically filed at the county or state level
  • Involves a simple form and small fee (usually $10–$100)
  • May require a public notice in a local newspaper
  • No examination or approval process beyond availability check

Trademark Registration:

  • Filed with the USPTO at the federal level
  • Includes a detailed application, description of goods/services, and proof of use
  • Involves higher fees (starting at $250–$350 per class)
  • Undergoes examination by a USPTO attorney and possible opposition period

While DBA registration is faster and more affordable, it lacks the legal protection and market exclusivity that trademarks provide.

Legal Protections Offered by Each

DBAs offer minimal legal protection. Registering a DBA only grants permission to use a fictitious name for business operations but does not prevent others from using the same or similar name. There is no exclusivity or ownership involved.

In contrast, trademarks offer:

  • Nationwide exclusive rights to use the mark in connection with specific goods or services
  • Ability to take legal action against infringers
  • Enhanced credibility and brand recognition
  • Right to use the ® symbol once registered

How a DBA and Trademark Work Together

While a DBA and trademark serve distinct purposes, many businesses benefit from registering both. A DBA allows flexibility in operating under a chosen name without forming a new legal entity, while a trademark provides legal protection for your brand identity. For example, a company may use a DBA to launch a product line under a different name and register that name as a trademark to prevent competitors from using it.

Benefits of using both include:

  • Legal operation under a preferred business name (via DBA)
  • Exclusive rights to brand identity (via trademark)
  • Enhanced trust and credibility with customers and partners
  • More consistent branding across products or services

Do I Need a Trademark?

In most cases, registering a trademark is a good idea whether or not you already have a DBA name. A DBA name registration alone cannot prevent others from using your business name, and it may even be possible for another person to trademark your DBA name, meaning you would lose out on intellectual property protections.

If you want to make sure you have exclusive rights to your business's branding, including your name, you should be sure to file a trademark registration with the United States Patent and Trademark Office (USPTO).

If you're interested in registering a trademark, you should first perform a trademark search to determine if your desired mark is available or if your mark is similar to a previously registered mark. In addition to searching the USPTO's trademark database, you should search for existing trademarks in:

  • Trade journals.
  • Professional publications.
  • The internet.

If your search doesn't reveal any similar marks, you can continue with the registration process. One of the requirements of trademark registration is that you prove that you are actually using your mark for the purposes of commerce. This means that you will need to show that you are using your mark on goods that are actually being sold.

When filling out your trademark application, you will need to complete two steps. First, you will need to describe your trademark and how you have used or how you will use it. Second, you will need to include application fees. Registering your trademark for a single class of goods can cost up to $350. This fee will increase for every class of goods where you plan to use your trademark.

Many people choose to hire a trademark attorney to assist with their application. Once you have filed your application, the USPTO will review it. Generally, the USPTO will contact you with questions about your applications or with problems that need correcting. Having an attorney on your side can make communicating with the USPTO easier and more effective.

If your trademark registration gets approved, you will receive a variety of benefits:

  1. Your mark will be found on the USPTO database, so anyone performing a trademark search will see your mark, which reduces the likelihood of trademark infringement.
  2. You will be the sole owner of your mark, which means you will have legal remedies available to you if another person uses your trademark without your permission.
  3. You may have the ability to use your trademark in countries other than the United States.
  4. You will have the right to use the ® registered trademark symbol whenever you use your mark. This symbol lets other people know you are the exclusive owner of your mark and that they should not use the mark without your permission.

When to Use a DBA vs Trademark

Understanding when to use a DBA vs trademark depends on your business goals:

Use a DBA if:

  • You want to operate under a different name than your legal entity’s name.
  • You’re testing a new product or brand.
  • You want to market a distinct brand without forming a new company.

Use a trademark if:

  • You want exclusive rights to a name, logo, or slogan.
  • You plan to build brand recognition nationally or internationally.
  • You want to prevent others from copying your branding.

In many cases, using both is beneficial—register a DBA for flexibility and a trademark for legal protection.

Can You Trademark a DBA Name?

If you use your DBA name to identify your business's services or goods, you should be able to protect it with a trademark. DBA names that are also brand names are eligible for intellectual property protection. After you've trademarked your DBA name, you can prevent other businesses from using your name or confusingly similar names. Before you can register your DBA name, however, you will have to prove to the USPTO that your name is unique and that you will use it to brand your goods.

Examples of DBA and Trademark Usage

To better understand the distinction, consider the following examples:

  • DBA Example:
    Sarah’s LLC is named “Green Valley Ventures, LLC,” but she runs a coffee shop called “Bean & Brew.” She registers “Bean & Brew” as a DBA.
  • Trademark Example:
    Sarah wants exclusive rights to “Bean & Brew” for coffee and café services. She files for a federal trademark to protect the brand across the U.S.

In this case, the DBA allows her to operate under the name locally, while the trademark ensures broader protection for the brand identity.

Common Misconceptions About DBAs and Trademarks

Business owners often confuse the functions of DBAs and trademarks. Here are some myths to clarify:

  • Myth: Registering a DBA protects my business name from use by others.
    Fact: A DBA only allows you to operate under a name—it doesn’t provide exclusive rights.
  • Myth: I don’t need a trademark if I have a DBA.
    Fact: Without a trademark, others may use or even register your business name as their own mark.
  • Myth: A trademark guarantees I can use my name in all states.
    Fact: Even with a federal trademark, state or local DBAs may still be required depending on jurisdiction.

Frequently Asked Questions

1. Can I trademark my DBA name? Yes, if your DBA is used to identify your goods or services in commerce, it may qualify for trademark protection.

2. Do I need a DBA and a trademark? You may benefit from having both. A DBA allows you to operate under a chosen name, while a trademark legally protects your brand identity.

3. Does a DBA give me ownership of the name? No, a DBA does not grant exclusive rights or ownership. Only a registered trademark can offer those protections.

4. What is more important: a DBA or a trademark? It depends on your goals. For branding and legal protection, a trademark is more powerful. A DBA is useful for operational flexibility.

5. Can two businesses use the same DBA in different states? Yes, because DBA registrations are handled at the state or county level, the same name may be used in different regions unless it is trademarked nationally.

If you need help with DBA vs. trademark, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.