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ARTICLE · 29 JULY 2016

What Is The Difference Between A Business Name And A Trademark?

For that matter, what about fictitious names, dbas and trade names?

United StatesIntellectual Property
Stites & Harbison PLLC
Stites & Harbison PLLC
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For that matter, what about fictitious names, dbas and trade names?

Recently, I've talked to a number of small business owners who have interesting and profitable businesses.  These businesses range from mechanics, to pastry stores, to musical bands.  Recently, I've begun asking for more detail as to what these businesses actually were.  This discussion always leads to confusion because many people do not know.

The easiest way to explain the differences between trademarks, business names, fictitious names, dbas, and trade names is to divide them into two groups:

  1. Business names, fictitious names, dbas, and trade names.

Whenever someone does business as something other than as his/her own name, states require registration of that business name as well as identification of the owner before they can conduct business in that state.  This requirement makes sense because it creates a record of who really runs a business in each state and where how can be located.

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