The different ways a name is recorded
| Record | Who handles it | What it does |
|---|---|---|
| Entity name | Your state, usually the secretary of state | Reserves the legal name of an LLC or corporation in that state |
| DBA (assumed or fictitious name) | State, county or city, depending on where you are | Lets you do business under a name other than your legal name |
| Federal trademark | USPTO | Protects a brand name or logo used for goods or services across the country |
| Domain and social handles | Domain registrars and platforms | Reserves an online address; no legal rights to the name itself |
The SBA’s register your business (opens in a new tab) guide explains entity names and DBAs.
When a DBA comes in
A sole proprietor’s legal business name is usually the owner’s own name, and an LLC’s is the name on its formation documents. If you want to operate under a different name, such as a sole proprietor trading as a shop name or an LLC running a second brand, many states and localities require you to register a DBA. Banks often ask for the DBA filing to accept payments made out to that name. A DBA does not create a separate entity or limit liability.
Trademark basics
A trademark is a word, phrase, symbol or design that identifies the source of goods or services. The USPTO’s trademark basics (opens in a new tab) page explains what a trademark is, how it differs from a patent or copyright, and how federal registration works. Some rights can come from using a mark in business, while federal registration adds benefits across the country. Registering an LLC name with your state is not the same as owning a trademark.
Not every name can be registered. Names that simply describe the product, or that are likely to be confused with an existing mark for related goods or services, can be refused. Many owners work with a trademark attorney on searches and applications.
Searching before you commit
- Search your state’s business entity database for the name and close variations.
- Search the USPTO’s trademark records for the same or similar names in related goods or services.
- Search the web and app stores to see who already uses the name.
- Check whether the domain and the social media handles you want are available.
- Note any close matches and, if the name matters to the business, talk with a trademark attorney before investing in signs and branding.
Using the same name everywhere
Lenders, business credit bureaus and banks match records by name, address and EIN. Using the exact same legal name, and the same DBA where you use one, on your bank account, tax filings, licenses, website and supplier accounts makes those records easier to connect. Our build business credit guide explains why that matters.
Red flags
- Letters or emails that look like they come from the USPTO but ask for payment to a private company. The USPTO warns trademark owners about these solicitations; check any notice against your official USPTO records.
- Offers to “register” your business in a directory or national database that is not an official government record.
- Notices about state compliance filings from companies other than your state filing office.
Not legal advice
Naming and trademark questions can be fact-specific. A trademark attorney can search more thoroughly and advise on a particular name. SBA resource partners (opens in a new tab) offer free counseling on starting a business.
Frequently asked questions
Do I need a DBA?
Many states and localities require one if you do business under a name other than your legal name, such as a sole proprietor using a shop name. Rules vary, so check with your state or county.
Do I need a trademark?
Federal registration is not required to use a name, but it can add protection across the country. A trademark attorney can help you decide whether to apply.
Is my LLC name the same as a trademark?
No. Registering an LLC name with your state reserves it as an entity name in that state, while a trademark protects a brand used for goods or services.
How do I check if a business name is available?
Search your state’s business entity database, the USPTO’s trademark records, the web and domain and social media availability. Close matches are worth discussing with an attorney.