Starting a business from scratch requires determination, resilience, and entrepreneurial skills. In this process, new business owners must dedicate a significant amount of time to the primary steps involved in the company’s branding, such as registering the business’s name or logo.
What is the difference between a trademark and a DBA? Click here to find out.
What’s the Difference Between a Trademark and a DBA? – Full Walkthrough
Trademark
The United States Patent and Trademark Office (USPTO) defines a trademark as “any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.”
Essentially, a trademark is how companies can be recognized in the marketplace and distinguished from competitors. Unlike a DBA, trademark rights come from their use in business, not necessarily from registration.
US law allows the owners of unregistered trademarks (also known as “common law trademarks”) to enforce them in court. However, these marks only have limited protection, which makes registration the best option available.
Please note that the simple “likelihood of confusion” between two marks offers sufficient grounds for a dispute.
With a registered trademark, it is possible to legally force other companies to stop using words, phrases, symbols, or other marks that were already trademarked. Business owners have the option to register a trademark with the state or the USPTO.
State registration can be efficient, but USPTO registration grants superior brand protection, ensuring exclusive rights in all fifty states. Federally registered trademarks can also become valuable assets, as their value tends to increase as the company grows over time.
DBA
Also referred to as “doing business as” (DBA), a fictitious name is a designation that allows a company to conduct business under a name other than its legal name. A DBA must be different from:
- The owner’s personal name (if the business is a sole proprietorship)
- The entity’s legal name (applicable to corporations, partnerships, LLCs, etc.)
Several situations may require the use of a DBA in the business’s daily operations. For example, banks often require companies to have a DBA and some suppliers or customers may need a DBA to sign a contract with a company.
An easy and affordable option, a DBA name allows a company to expand into other markets with similar products.
Florida’s Fictitious Name Act (F.S. §865.09) specifies that “a person may not engage in business under a fictitious name unless the person first registers the name with the division by filing a registration (…).”
Trademark vs. DBA – What is the Best Option?
Trademarks and DBAs cannot be compared in terms of legal protection. A DBA is a fictitious name that allows a company to conduct business under that registered designation, while trademarks encompass a much more complex concept.
When registered with the state or the USPTO, trademarks become enforceable in court, allowing the owner of the mark to send cease-and-desist letters to force competitors to stop infringing.
If a cease-and-desist letter is not enough, it is possible to work with an expert attorney to file a lawsuit. Depending on the severity of the trademark infringement, the injured party might be entitled to compensation.
Waste no Time with Uncertainty – Immediately Seek Expert Legal Guidance
Trademark Attorney Romy B. Jurado willingly wants to help your business succeed. Contact us today by calling (305) 921-0976 or emailing [email protected] to schedule a consultation.
