Principal Attorney
By Sul Lee Law Firm, PLLC
When launching or expanding a business, entrepreneurs often encounter two key terms: DBA (Doing Business As) and trademark. While both relate to how a business presents itself to the public, they serve very different legal functions. At Sul Lee Law Firm, we routinely counsel business owners on these distinctions to ensure their brand is not only marketable but legally secure. Understanding the difference between a DBA and a trademark is an essential first step in building a solid foundation for your business.
What Is a DBA?
A DBA, or “Doing Business As,” is a fictitious business name that allows a company to operate under a name that is different from its legal, registered entity name.
For example:
If your registered business name is “Lee Enterprises, LLC” but you wish to conduct business as “Dallas Business Solutions,” you would file for a DBA under the latter name.
Registering a DBA is generally a state or county-level requirement and is necessary for conducting business, opening bank accounts, and signing contracts under that alternate name. However, it is critical to understand that a DBA is merely a form of public notice—it does not provide ownership or exclusive rights to that name.
Legal Tip: Filing a DBA does not prevent other businesses from using the same or similar names. It offers no brand protection or enforcement power.
What Is a Trademark?
A trademark is a form of intellectual property protection that grants the exclusive legal right to use a name, logo, slogan, or other brand identifiers in connection with specific goods or services. Trademarks may be registered at the state or federal level, with federal registration through the United States Patent and Trademark Office (USPTO) offering the broadest scope of protection.
Unlike a DBA, a registered trademark gives the owner legal standing to prevent others from using confusingly similar marks, and it can be a powerful tool in litigation or disputes involving brand infringement.
Legal Tip: Federal trademark registration not only deters infringement but also strengthens your brand’s value as a business asset.
Why the Distinction Matters
Many business owners mistakenly believe that filing a DBA secures their rights to a business name. This is a common and potentially costly misunderstanding.
- A DBA permits a business to use a different trade name, but it provides no ownership rights or legal protections.
- A trademark protects your brand by granting exclusive usage rights and enabling legal enforcement against infringers.
This distinction becomes especially important when a company begins marketing, advertising, or expanding across jurisdictions—when the risk of brand confusion or imitation increases.
Common Misunderstandings
| Misconception | Reality |
| “I have a DBA, so my name is protected.” | False. A DBA offers no exclusive rights or legal protection. |
| “I trademarked my business, so I don’t need a DBA.” | Not necessarily. A DBA may still be needed for public-facing operations. |
| “If no one else has the DBA, I’m in the clear.” | Not always. Someone may already hold a registered trademark. |
Why Legal Guidance Is Essential
Understanding the difference between a DBA and a trademark is only the beginning. Ensuring your business name is fully protected—especially in today’s competitive and digital-first environment—requires a strategic legal approach.
At Sul Lee Law Firm, our attorneys bring deep experience in both business law and intellectual property. We assist clients with every stage of the name protection process, from conducting comprehensive name and trademark searches, to filing state and federal applications, and enforcing rights against infringers. Whether you’re launching a new venture, expanding into new markets, or rebranding an existing company, we provide the legal insight necessary to safeguard your business identity from day one.
Don’t leave your brand vulnerable. Let our team help you transform your business name into a protected asset—one that holds long-term value and legal strength.