How to protect a business name
The U.S. Small Business Administration names four ways to register and protect a business name: entity name, trademark, DBA and domain name. The four registrations are legally independent.
Entity name: protection inside one state
An entity name registration protects the name at the state level, says the SBA. It usually stops others in the same state from operating under the same entity name, with exceptions by state and structure.
Each state has its own rules on entity names and company suffixes. Business name endings by state shows how those rules differ.
Trademark: protection across the country
A trademark can protect a business, product or service name nationwide, against others in the same or a similar industry. The USPTO adds that the rights cover how a word is used with specific goods or services, not the word itself.
The mark is always tied to specific goods or services. Registration lets the mark's holder stop use of the same or a similar mark for related goods or services.
Rights start with use. You gain trademark rights by using the mark, but those rights are limited to the area where you provide your goods or services. Federal registration creates nationwide rights, and registration is not required. The USPTO registers trademarks, and the Copyright Office registers copyrights.
The SBA says to file for a trademark with the USPTO once the business has been formed. It also warns that trademark infringement suits can reach businesses in any state, so names should be checked against the USPTO database. The fee side is in what a trademark application costs.
DBA: a filing with no protection of its own
A DBA is also called a trade name, fictitious name or assumed name. It is registered with the state, county or city. The SBA says a DBA registration gives no legal protection by itself, but most states require one if you use a DBA.
Several businesses can use the same DBA in one state. Trademark infringement law still applies to a DBA, so a DBA does not shield a name from a trademark claim.
Domain name: protection on the internet only
Registering a domain name stops anyone else from using it while you keep owning it. The domain must be renewed regularly.
A domain name does not have to match the legal business name, trademark or DBA. Picking one is covered in choosing a company domain name.
How the four fit together
The SBA says the same name is normally not required for all four registrations. A business could hold an entity name in one state, a different DBA in another and a domain that matches neither.
A state mark does not close the gap either. The Texas Secretary of State says a state mark registration does not guarantee that nobody else has a superior right.
Gaps between the four are covered in when two businesses share a name.
What a trademark symbol means
The USPTO page What is a trademark? separates the three symbols. TM and SM may be used without filing. The registered symbol may be used only after registration. A Texas state registration does not allow the federal registered symbol, according to the Texas Secretary of State trademark FAQs.
Example: Harbor Lane Coffee
Suppose Harbor Lane Coffee LLC registers its entity name in Texas. The SBA says that usually stops others in the same state from operating under the same entity name. A coffee company in another state could still use a similar name, and a federal trademark is the SBA's answer to that gap. Registration gives nationwide rights, though the rights attach to the goods or services named in it.
The same company could also file a DBA for a shop name and buy a domain. Neither of those two adds legal protection of the kind a trademark gives.
Where each registration is filed
The entity name is registered with the state. The trademark goes to the USPTO, which registers trademarks. A DBA is registered with the state, county or city, depending on where you do business.
The SBA tells owners to check names against the USPTO database, because an infringement suit can reach a business in any state. A name that is clear on a state register can still run into a trademark held elsewhere.
The domain works differently. Registering it stops anyone else from using the name while you keep owning it and renewing it.
How to protect a business name: more questions
Can I use TM before I register a trademark?
Yes. The USPTO says the TM and SM symbols may be used without filing. The registered symbol may be used only after registration.
Who registers copyrights?
The Copyright Office does. The USPTO registers trademarks, according to its page Trademark, patent, or copyright.
Next: what a trademark application costs, choosing a company domain name and when two businesses share a name.
5 official sources
- U.S. Small Business Administration, guide to choosing a business name, retrieved November 12, 2026.
- USPTO, What is a trademark?, retrieved November 12, 2026.
- USPTO, Trademark, patent, or copyright, retrieved November 12, 2026.
- USPTO, Trademark scope of protection, retrieved November 12, 2026.
- Texas Secretary of State, Trademarks FAQs, retrieved November 12, 2026.