A trade name, commonly referred to as a DBA (doing business as) name, is the formal name of a company. It is the name by which the general public recognizes the company and by which business dealings are carried out. For instance, if you want to run your business under the name “Smith’s Plumbing,” but your LLC’s legal name is John Smith LLC, you would register “Smith’s Plumbing” as a trade name.
A trademark is a logo, pattern, or term that identifies and sets a company’s products or services apart from those of its rivals. It may take the form of a phrase, logo, or other distinguishing symbol. When a trademark is registered, the owner of the business is granted the sole right to use that mark in connection with their goods or services.
There is no official registration procedure for trade names, in contrast to trademarks, which must be registered with the United States Patent and Trademark Office (USPTO). However, you can safeguard your trade name by registering it with the secretary of state of your state or via a neighborhood business licensing organization.
Trademark Registration You must file a trademark application with the USPTO in order to protect your company’s name, slogan, or other distinguishing marks. An attorney who focuses on intellectual property law should be consulted because the registration process might be challenging.
You must first make sure your mark is not currently being used by another company before you can register a trademark. If the mark is indeed available, you can submit an application to the USPTO. A description of your mark, the products or services it stands for, and how it will be utilized in commerce are all required in the application.
The procedure is the same as it is in other states if you are operating an LLC in Hawaii and wish to register a DBA. A registration form must be submitted to the Hawaii Department of Commerce and Consumer Affairs. You might also need to place an ad declaring your new trade name in your neighborhood paper.
There is no restriction on how many DBAs a company can have. Each DBA, however, needs to be registered separately with the relevant state office. It’s crucial to keep in mind that creating a DBA does not give your business name legal protection. You must register a trademark if you wish to safeguard your company name. In conclusion, sustaining and expanding your brand depend on protecting your company name. It is essential to comprehend the distinction between trade names and trademarks as well as how to register each. You may protect your company from infringement and misuse by registering your trade name and trademark.
It’s crucial to take into account the name’s originality and whether it has already been trademarked by another party when selecting a name for your small business. To make sure that the name you select is not already being used by another company, you should conduct a comprehensive search. Additionally, it is advised to pick a name that truly describes the goods or services your company provides while also being simple to spell, speak, and remember. Once you’ve decided on a name, you can register it as a trademark to keep it safe.