Trade Name, Fictitious Business Name, & DBA Forms

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How to Keep Legal Rights to Your Trade Name

A trade name is a valuable business asset and you need to protect it to guard the reputation and good will of your company. A trade name is the name under which a business carries out its operations. Trade names represent the products and services of a business. A business name has to be exclusive and distinctive from another. It is with the trade name that people identify a business. Trade name may also be referred to as a fictitious name or doing business as (DBA) name.

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Trade names or business names and trademarks are different. By registering a trade name, a business does not automatically get any trademark rights or protection. However, if a company attaches its name to a product or service produced by the business, the name will then be considered a trademark or service mark and be granted protection if it is unique enough. Trademarks are identifying marks that can be used to distinguish one product from similar others. It can be a picture, a symbol or the company name written in a particular pattern. Trade names can either be the ones used to register the business with the local authority, or a fictitious name under which a business carries out its activities.

While selecting a trade name, one should ensure that the selected name does not misrepresent the actual business they are doing. Further, it should not be identical to another entity operating in the state. A business can use its trade name as trademark so long as it does not infringe the trademark rights of another. Infringement occurs when there is a probability of customer getting confused between two businesses because of similar trade names or trademarks.

Although filing a DBA is not mandatory in all states, it is a commonly accepted business practice. You can register a trade name with the Office of the Secretary of State by paying the prescribed fee. The filing will be accepted only after thorough review for duplication or conflict of interests. The same process shall be applicable for trademark registration. A registered trademark represents its parent business. You can easily learn how to trademark a picture, symbol, or a company name by referring to online resources.

A trade name can be the original name of the business or a fictitious business name. While choosing a trade name, conflicts are likely, and therefore a trade name search needs to be conducted. A trade name search helps to reduce costs by preventing infringement claims. There are a number of online service providers who can assist in a trade name search. After selecting the right trade name, you can use it for effectively advertising your goods and services. Trade names are valuable tools in business to business marketing and business to business sales.

You can consider the following tips while selecting your trade name:

  • Keep the trade name short and easy to remember
  • Select a trade name that depicts the products or services offered by your business
  • Always try to avoid abbreviations
  • Use trade names distinctive from that of your competitors

Top Questions about Trade Name, Fictitious Business Name, & DBA Forms

  • What is the proper way to use DBA?

    Using DBA correctly starts with officially registering it through the appropriate state agency, often through DBA forms. This registration not only legitimizes your business operations but also protects your trade name from being used by others. It is advisable to prominently display your DBA in marketing materials and business correspondence to maintain brand consistency.

  • What is the proper way to write DBA?

    The proper way to write DBA includes following a clear structure: state the legal name first, followed by "DBA," and conclude with the fictitious business name. For example, if your business operates under the name "BestTech Solutions," write it as "ABC Corp, DBA BestTech Solutions." This clarity helps in legal documents and when interacting with customers.

  • How to properly write out DBA?

    When writing out DBA, it is important to ensure that you include the words "Doing Business As" followed by the trade name you wish to use. For example, if your legal name is John Doe, and your DBA is "John's Coffee Shop," write it as "John Doe, Doing Business As John's Coffee Shop." This format clearly communicates both your legal and trade identity.

  • Do you have a trade or doing business as DBA name?

    Yes, having a trade name or DBA (Doing Business As) name is crucial for many businesses. A trade name allows you to operate under a name different from your legal business name, making it easier for customers to recognize your brand. Additionally, using DBA forms helps you legally register your business identity, ensuring compliance with state requirements.

  • Should I start a new LLC or DBA?

    Deciding between forming a new LLC or obtaining a DBA depends on your long-term plans. If you want to safeguard your personal assets, forming an LLC is a wise choice. However, if you simply want to operate under a different name without the complexities of an LLC, a DBA is suitable. US Legal Forms provides resources to help you navigate both options seamlessly.

  • What comes first, DBA or LLC?

    You can choose to start with either a DBA or an LLC, depending on your goals. If liability protection is your priority, then forming an LLC first is advisable. However, if you want to test a business idea without committing to an LLC, obtaining a DBA can be a smart option. Assess your business situation to determine which path aligns better with your needs.

  • Do I need an LLC before a DBA?

    You do not need to form an LLC before obtaining a DBA. A DBA, or Fictitious Business Name, allows you to operate under a name different from your personal name or the official name of your business. While an LLC provides protection against personal liability, a DBA simply identifies your business. Thus, if you’re primarily focused on branding, starting with a DBA might be the right step.

  • Does Pennsylvania require DBA registration?

    Yes, Pennsylvania requires a DBA registration if you intend to operate under a Trade Name or Fictitious Business Name. This registration ensures that your business name is legally recognized and helps protect your brand. By filing the necessary DBA Forms, you can conduct business using your chosen name while remaining compliant with state regulations. It's important to follow this process to avoid potential legal issues in the future.

  • Can I file my DBA online?

    Yes, you can file your DBA forms online. Many states offer an online process that allows you to submit your application quickly and conveniently. By using the US Legal Forms platform, you gain access to easy-to-follow templates and guidance for submitting your Fictitious Business Name registration. This online service reduces the hassles associated with traditional filing methods, saving you time while ensuring all your business needs are met.

  • Why would you file for a trade name or a DBA?

    Filing for a trade name, also known as a DBA, allows you to legally operate your business under a name that differs from your personal or business entity name. This enhances your brand identity and allows customers to recognize your business easily. Additionally, registering a Fictitious Business Name provides legal protection and can help you establish credibility in the marketplace. Using US Legal Forms to file your DBA forms simplifies the process and ensures compliance with state regulations.