Frequently Asked Questions
Do you have exclusive rights to your DBA name after registration?
After filing your DBA (Doing Business As) registration, it's a common misconception that you have exclusive rights to your fictitious name. However, this is not the case. If your DBA name infringes on another company's trademark, you don't have any rights to it. A DBA registration provides almost no legal rights, whereas registering a trademark gives you the exclusive rights to your mark, allowing you to prevent other entities from using it without your permission. Registering a trademark is generally a good idea, even if you already have a DBA name. A DBA name registration alone cannot prevent others from using your business name. In fact, it's possible for another person to trademark your DBA name, which would mean you lose out on intellectual property protections. To ensure exclusive rights to your business's branding, including your name, it's advisable to file a trademark registration with the United States Patent and Trademark Office (USPTO). Before registering a trademark, it's important to perform a trademark search to determine if your desired mark is available or if it's similar to a previously registered mark.
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