Can I Trademark a DBA?
A fictitious business name (often called a DBA or an FBN) is absolutely trademarkable as long you are using your DBA to promote the goods and services your business provides. Because trademarking your DBA is so important, we often recommend that it is one of the first things you should do as a new business owner who is using a fictitious business name instead of their own name or a corporate or LLC name. After all, who doesn’t want to protect the name of their business from use by their competitors. The last thing you need when you’re trying to grow your business is to find that your closest competitor is capitalizing on the goodwill you’ve built for your own brand.
On another important note, a thorough trademark search is one of the first things you should hire a trademark attorney for before you file the documents necessary to get your business up and running. Helping businesses get off to a good start is what we do best here at Norton Law Corporation, and after you’ve settled on a couple of unique fictitious business names, conducting a search is a must, as there is always a possibility that someone else is already using the same name or something substantially similar. We’ve seen it happen before—your new business is off and running, everything is going smoothly, then you get the cease and desist letter telling you to stop operating your business under the brand you’ve worked so hard to build.
If you are in the process of starting your own business as a DBA or you have recently started doing business under a fictitious business name, contact us today to speak with trademark attorney Eric Norton to discuss the importance of trademarking your DBA.