Business name, DBA and trademark: the difference
Last reviewed November 13, 2026
People say "I registered my business name" about three different things. They are filed in different places, protect different things and cover different territory.
At a glance
| Legal entity name | DBA | Trademark | |
|---|---|---|---|
| What it is | The official name of your LLC or corporation | A second name the business trades under | A name, logo or slogan that identifies the source of goods or services |
| Filed with | The state business office | The state or the county, depending on the state | The U.S. Patent and Trademark Office, or a state for a state mark |
| Protects | The exact name on that state’s register | Little or nothing against other users | Use of the mark for related goods and services |
| Where | One state | One state or county | Nationwide, for a federal registration |
| How you get it | Forming or registering the company | A short registration | Use in commerce, plus an application to register |
Legal entity name
This is the name on your formation documents, with its ending: “Northgate Bakery LLC”. The state checks only that it is different enough from other names on its own records. What you get is narrow: no one else can register that same name with that state. It doesn’t stop a company in another state from using it, and it doesn’t stop anyone from using it as a brand.
DBA
A DBA, also called an assumed, trade or fictitious name, is a public notice that a business is operating under a name other than its legal one. It exists so customers can find out who is behind a business name. In most places it gives you no exclusive right to the name, and two businesses can sometimes hold the same DBA.
You need one when the name the public sees isn’t your legal name, including when a sole proprietor trades under anything other than their own name.
Trademark
A trademark protects a brand in the marketplace. Rights begin with actual use, and federal registration strengthens them across the country. The test is whether customers are likely to be confused, so the same word can be owned by different companies in unrelated industries.
Trademark is the one that can force a rename. A state will register your company under a name that infringes a trademark, because the state doesn’t look. The trademark owner can still demand that you stop.
How they fit together
- Forming a company gives you the entity name in your state. Nothing more.
- A DBA lets you trade legally under another name. It doesn’t reserve it.
- A trademark is what protects the brand. It is optional, costs more and takes longer.
A reasonable order for a new business: search all three first, form the company, add a DBA only if your trading name differs, and consider a trademark once the name is earning its keep.
This is general information, not legal advice. Trademark questions turn on the details, and a trademark attorney is the right person for a name you plan to build a brand on.
Start with the state register: check a name in any state.
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