How Can I Register a Trade Name or Trademark?

Understanding the Difference

Many business owners use the terms trade name and trademark interchangeably, but in U.S. law they mean very different things. A trade name is the name your business uses publicly—your “Doing Business As” (DBA). A trademark, on the other hand, is a legally protected brand identifier used to distinguish your goods or services. Understanding this distinction is essential because the registration process and the legal protections you receive differ dramatically. A trade name allows you to operate under a specific name; a trademark gives you exclusive rights to that name in commerce.

Because entrepreneurs often launch quickly and think about legal protection later, mistakes happen. Many assume registering a DBA gives them exclusive rights, which it does not. Only trademark registration provides nationwide legal protection. Below is a clear breakdown of how to register each and what you need to know before you begin.

How to Register a Trade Name (DBA)

Trade names are governed at the county or state level. The process is straightforward, but it varies depending on your jurisdiction. First, you’ll conduct a search on your Secretary of State website or local filing office to ensure your desired trade name is not already in use. This step helps you avoid clerical rejection, though it does not confirm trademark availability.

Next, you will file a DBA application, which usually includes your legal entity name, address, owner information, and the proposed trade name. Filing fees typically range from $10 to $150. Some states require you to publish a notice in a local newspaper announcing the trade name. Once approved, the trade name must be renewed periodically, often every one to five years.

It’s important to understand that while a trade name allows you to operate under that name, it does not prevent other businesses—especially those in other states—from using the same or similar name. If you want to secure exclusive rights, you must pursue trademark registration.

How to Register a Trademark

Federal trademark registration through the United States Patent and Trademark Office (USPTO) gives you powerful legal protection. The process begins with a comprehensive trademark search. You will check for identical or similar marks in USPTO’s database and in “common law” use. Even marks that look or sound alike can lead to a rejection. Many business owners skip the search and later discover their brand is too close to an existing one, wasting time and money.

After confirming the mark’s viability, you will file an application with the USPTO. This includes identifying your filing basis—either “Use in Commerce” (already selling goods/services) or “Intent to Use” (planning to use soon). You will also select the appropriate trademark classes and submit a specimen of use if applicable. USPTO fees range from $250 to $350 per class.

Once submitted, your application is reviewed by an examining attorney. If issues arise, you may receive an Office Action requesting clarification or corrections. If approved, your trademark is published for opposition. If no one objects, your mark proceeds to registration. Ongoing maintenance filings are required to keep it active.

When You Need Both

Most businesses benefit from registering a trade name and a trademark. The trade name covers operating requirements, while the trademark protects your brand identity in the marketplace. If you market products, run ads, or offer services outside your state, trademark protection is indispensable.

Contact Gleam Law

If you need help registering a trademark, evaluating name availability, or navigating USPTO requirements, the experienced trademark attorneys at Gleam Law can guide you through the process.