Do You Need a DBA or a Trademark? | Trademark vs DBA/FBN Registration to Protect Brand

If you want to protect your brand or business name, you may wonder whether you need to file a trademark application or to get a DBA (doing business as) / FBN (fictitious business name) registration. In this video I explain what trademarks and DBA/FBNs do for you, and when you want either, or both.

Did you find this video helpful? Feel free to send a tip to enable me to keeping making more videos!

Legal Disclosure: Elizabeth is licensed to practice in the state of California and before the United States Patent and Trademark Office. Information contained in this video is not legal advice – please seek advice of counsel. This video and description may contain attorney advertising.

Disclosure: My videos may contain reviews, recommendations, testimonials, or endorsements of other businesses, individuals, events, materials (such as books), products, services, or websites. I may receive affiliate percentages on sales; if so, it will say “affiliate link” after the link. I will clearly disclose if I have received a free product, free service, discount, or any other compensation related to a review.

Comment policy: I reserve the right to delete comments and block anyone from the channel due to threats, hostility, or spam.

[ADAleteFitness]

Once again, you did it SO much easier. No one has been able to explain this or give me an answer until now - thank you!

[cognitivebend]

Super helpful - I've been trying to find a clear answer on this, specifically when to use DBA vs TM and your response was very insightful. Thank You!

[kyleyu]

Hi Elizabeth, thank you so much for all the videos you are doing. They have been so very helpful. If I filed a DBA under my sole proprietorship when the business grows enough and I eventually switch as an LLC am I able to adopt the same exact name for my LLC or will I have to set up a new name for the LLC? This is in California.

[Coach_Ish]

Question 🙋‍♂️ I was reading about the date we put on the trademark application is important but they say the date is very important to g on back and check if it was out already

[te]

I have a walking tour business under a broad name and now I am wondering if I need a FBN for the only tour we will offer as it has a sort of specific name? I have a website url for info/booking by the name of the walking tour. I dont use the registered corp name of business on website except like in the footer. The fees are labeled by broad company name which is ok for me. Sorry for being confusing! Love the videos!

[BennyPerez-jjme]

I want to trade mark my logo for my clothing brand, i was wondering if summbitting a black and white version is enough to protect it from anyone else using it in any color scheme as well as to let me use any color scheme for it. Should i use tailor brands for my trade mart and dba and llc or should i do it myself.

[joshteachey]

Elizabeth, I have a LLC but I want to deploy a website that is referencing a different name. Is it best I file a DBA? Also does my DBA have to be filed in the same state as the LLC?

[Brunch.at.Midnight]

Would a DBA still be needed if we are adding “The” to the name? For instance, my LLC is Crystal Curio LLC but I intend to use The Crystal Curio for branding and marketing.

[matt]

Hello, my question is this, I want to start a product based business, starting online. Form my LLC something different than my brand name. So for example, "Better Monday Holding Co LLC". But to the public, (and trademark) my brand name will be something like "Monday Co". My bank and all legal documents would be signed and opereated as "Better Monday Holding Co LLC". Just the name on my product, website, marketing etc, would be Monday Co. Would that need a DBA? Thank you

[boondockvantasies]

Currently filling for LLC in California as an apparel company, but state won’t accept the LLC name as it contains the word “therapy” in the title as it indicates a professional company. If we picked a LLC name that fit their recommendation, would we have the same problem filling for a DBA using the original name containing “therapy”? Would a trademark have any of these issues?

[kianizadi]

I'm trying to set up a new corporation with California Secretary of State. The name I've chosen(for example: ABCD, Inc.) doesn't exist in their database but I recently realized someone already registered the same name as a DBA without a business entity identifier(for example: ABCD) with the county I am located. It's a sole proprietor and looks like it's not an active business since there is no online presence. Do you think this is going to be a problem in the future? Thank you!

[patrickdejaneiro]

Hi Elizabeth 👋 So I plan to start a clothing brand under a name that I made up. I live in Mew York City, and I want to go through the legal process in order. To my understanding, I should trademark the name of the brand, form the brand into an LLC, and then go the DBA route? Please help direct me, thanks.

[sarahgilardi]

Thanks for this video. I have been so confused about DBA. I will be selling on amazon and I'm going to start as a sole proprietorship, would I
I register my own legal name doing business as my brand name? Im also wanting to trademark my brand. Does my dba have to be my brand name or can it be different then my brand? And then trademark my brand?

[tylerduran]

If I have a registered Dba through county level and someone is using a name similar to mine in same service area but (not registered through uspto) would it be logical to form trademark now for the dba or wait till I file to an llc with a yr to a year and a half ? Please help

[jakeandtisa]

If I have a trademark which is different from my llc name and the trademark is the name I am publicly doing business as, do I still need to file an actual dba?