Trade Names, DBAs, and Entity Names: The Rights That Are Not Trademarks
By Casey Scott McKay ·
Four different names attach to one business, they are governed by four different systems, and confusing them is the single most common naming mistake small businesses make. An entity name is a corporate registry entry. A DBA is a public-notice filing. A trade name is what you call yourself. A trademark identifies the source of goods or services. Only the last one gives you the right to stop a competitor. This article maps the four layers, explains why a Secretary of State approval tells you almost nothing about trademark risk, walks through the doctrine that lets a trade name become a trademark, and shows where the state and federal systems collide. It closes with the practical question everyone eventually asks: we already formed the entity and printed the signs, now what?
IP and Technology > Trademarks | Article | Published 3 March 2026 - Updated 4 August 2026 | Casey Scott McKay - marksy.us
Summary. Four different names attach to one business, they are governed by four different systems, and confusing them is the single most common naming mistake small businesses make. An entity name is a corporate registry entry. A DBA is a public-notice filing. A trade name is what you call yourself. A trademark identifies the source of goods or services. Only the last one gives you the right to stop a competitor. This article maps the four layers, explains why a Secretary of State approval tells you almost nothing about trademark risk, walks through the doctrine that lets a trade name become a trademark, and shows where the state and federal systems collide. It closes with the practical question everyone eventually asks: we already formed the entity and printed the signs, now what?
Keywords: trade name, DBA, fictitious business name, entity name, corporate name availability, secretary of state, trade name registration, Section 2 refusal, trade name as trademark, business identity, assumed name, name reservation, unfair competition, common law rights, state trademark registration, name conflict, service mark, corporate naming, business license, brand clearance
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