How to register a business name: entity names, DBAs and trademarks
Last reviewed . General information, not legal or tax advice.
There are four separate ways to register a business name: an entity name with your state when you form an LLC or corporation, a DBA (doing business as) with your state, county or city, a federal trademark with the USPTO, and a domain name. Each protects something different, and a DBA alone gives no legal protection.
What are the ways to register a business name?
The SBA lists four registrations. They are legally independent, so you can hold one without the others, although most businesses try to use the same name for all of them.
| Registration | Where | What it does |
|---|---|---|
| Entity name | Your state, when you form an LLC, corporation or partnership | Protects the name at the state level; most states will not register a name someone else already holds |
| DBA (trade name, fictitious or assumed name) | Your state, county or city, depending on location | Lets you trade under a name other than your own or your entity's; required in most states if you use one, but gives no legal protection by itself |
| Trademark | The U.S. Patent and Trademark Office | Protects the name for your goods or services nationwide against others in the same or a similar field |
| Domain name | An accredited domain registrar | Reserves your website address for as long as you keep renewing it |
What is a DBA and do I need one?
A DBA, short for "doing business as," is a name you use that is not your legal name (as a sole proprietor) or your entity's registered name. If Jane Smith sells candles as Lakeside Candle Co., or Smith Holdings LLC runs a shop called Lakeside, the trading name is a DBA.
The SBA says most states require you to register a DBA if you use one, and some counties and cities require it too. Requirements vary by structure, state, county and city, so check your local offices. Even when it is optional, a DBA can help: together with an EIN, the SBA notes, it lets you open a business bank account under the trading name.
Because several businesses in a state can use the same DBA, registering one does not stop anyone else from using it. That is what a trademark is for.
How do I check if a business name is taken?
- Your state's business entity search, usually on the Secretary of State's website, for LLCs and corporations already using the name.
- Your state or county's DBA records, where they are searchable.
- The USPTO's trademark search, for registered and pending trademarks on similar names for similar goods or services. The SBA recommends this check because trademark infringement lawsuits can be costly.
- Domain and social media handles, to see whether you can use the name online.
- A plain web search, for businesses using the name without registering it; they may still have rights from use.
If the name is close to an existing brand in your field, pick another before you print labels or build a website. Renaming later costs far more.
Should I trademark my business name?
You are not required to. The USPTO explains that you can gain "common law" rights simply by using a name in commerce, but those rights may only be enforceable where you actually do business. Federal registration adds:
- Rights across the whole United States and its territories
- The right to use the ® symbol
- A listing in the USPTO's public database, which discourages others from choosing a similar name
- Evidence of ownership in federal court, and the ability to record the mark with U.S. Customs and Border Protection to help stop infringing imports
It usually makes sense once you have a brand you plan to grow, especially for a product sold online across states. A trademark covers a name or logo for specific goods or services, so a name registered for candles may not block the same name for accounting services.
How much does a trademark cost and how long does it take?
The USPTO's base application fee is $350 for each class of goods or services in the application, and additional fees can apply when you file and during examination. Registration usually takes 12 to 18 months, the USPTO says, and is not guaranteed: an application may be refused for various legal reasons.
Search the USPTO database carefully before you file, and budget for the full timeline: if the name is central to your packaging, you will be printing it long before the registration arrives. Until then you can mark the name with TM (goods) or SM (services).
Frequently asked questions
Is a DBA the same as an LLC?
No. A DBA is only a registered trading name; it creates no separate legal entity and no liability protection. An LLC is a legal entity formed with your state. An LLC can also register a DBA if it trades under a different name, such as a shop name that differs from the LLC's legal name.
Where do I register a DBA?
It depends on where you are. The SBA says you might register a DBA with your state, county or city, and that requirements vary by business structure and location. Check your Secretary of State's website and your county and city offices, which publish their own forms, fees and renewal rules.
Does registering an LLC protect my business name?
Only at the state level, and only as an entity name. Most states will not register the same entity name twice, but that does not stop a business in another state, or one using a DBA, from using it. Nationwide protection for your brand comes from a federal trademark registration with the USPTO.
Can I use the ® symbol before my trademark is registered?
No. The USPTO says to use ® once your trademark is registered, and only for the goods or services listed in the registration. Before that, you can use TM for goods or SM for services, even without filing an application, to show you claim the name as your mark.
Sources
- Choose your business name, U.S. Small Business Administration. https://www.sba.gov/business-guide/launch-your-business/choose-your-business-name
- Register your business, U.S. Small Business Administration. https://www.sba.gov/business-guide/launch-your-business/register-your-business
- What is a trademark? (including the TM, SM and ® symbols), U.S. Patent and Trademark Office. https://www.uspto.gov/trademarks/basics/what-trademark
- Why register your trademark?, U.S. Patent and Trademark Office. https://www.uspto.gov/trademarks/basics/why-register-your-trademark
- How much does it cost?, U.S. Patent and Trademark Office. https://www.uspto.gov/trademarks/basics/how-much-does-it-cost
- How long does it take to register?, U.S. Patent and Trademark Office. https://www.uspto.gov/trademarks/basics/how-long-does-it-take-register
This guide is general information, not legal or tax advice. Rules differ by state and city and change over time, so confirm the details with the official sources above or a licensed professional.