Trade Name vs. Trademark vs. Copyright — What Each Actually Protects
DBA
Trade Name / DBA
Registered with your state or county. Allows you to legally operate under a business name. Provides no exclusive rights — someone else can legally use the same name in the same state or market. Required for banking, contracts, and regulatory filings under your business name.
® / ™
Trademark
Registered with the USPTO. Protects brand identifiers — names, logos, slogans — used in commerce. Provides nationwide exclusive rights in covered classes. ™ (unregistered claim) vs. ® (federally registered). Required to block infringers and counterfeiters at U.S. Customs.
©
Copyright
Protects original creative works — books, music, software code, photography, marketing materials. Exists automatically upon creation (no registration required for protection). Registration with the Copyright Office is required to sue for statutory damages. Does not protect names or logos.
Common misconception: LLC name registration ≠ trademark protection.
Registering your LLC name with the state gives you the right to operate under that name — not exclusive rights to use it as a brand nationwide. Your state will not register a duplicate LLC name in the same state, but 49 other states will. A federal trademark is the only way to lock your brand nationally.
Common Law vs. Federal Trademark Rights
You acquire common law trademark rights automatically when you start using a brand name or logo in commerce — even without registering with the USPTO. These rights are limited to the geographic area where you're actually using the mark. If you run a restaurant in Columbus, Ohio, your common law trademark rights apply in Columbus (and nearby markets where you're known) — not nationwide.
Federal registration with the USPTO expands those rights to the entire country, even where you haven't yet operated. It also provides:
- Legal presumption of ownership nationwide (you don't have to prove it in court)
- Right to use the ® symbol (™ is only for unregistered marks)
- Ability to file with U.S. Customs to block counterfeit imports
- Right to bring suit in federal court for infringement
- Public notice that blocks "innocent infringer" defense — anyone who later uses the same mark cannot claim they didn't know
- Ability to license, franchise, or sell the brand with enforceable legal weight
USPTO Trademark Registration — Step by Step
1
Determine What You're Protecting
Trademarks cover: word marks (the name itself — the most broadly protective), design marks (a specific logo or graphic — only protects that exact design), and combined marks (name + logo together). If you want both your name and your logo independently protected, those are two separate trademark applications and two separate filing fees. Most businesses start with a word mark for the name — it provides the broadest protection and doesn't limit you to a specific logo design.
2
Determine Your Trademark Classes
Trademarks are registered in specific International Classes (IC) of goods and services. There are 45 classes. You only get protection in the classes you register — a Class 35 registration (business services) doesn't protect you from a competitor selling Class 25 products (clothing) under the same name. Filing fees are per class. Most small businesses file in 1–3 classes. See the class guide below.
3
Conduct a Trademark Search on TESS
Before filing, search the USPTO's Trademark Electronic Search System (TESS) at tmsearch.uspto.gov to check for existing marks that could conflict with yours. The examiner will reject your application if a similar mark already exists for the same or related goods/services ("likelihood of confusion" standard). TESS searches only registered federal marks — also search state trademark databases and do a thorough internet/Google search for unregistered marks using your name. A professional trademark attorney conducts a more thorough clearance search than TESS alone provides.
4
File Through TEAS (Trademark Electronic Application System)
File at teas.uspto.gov. Two application types: TEAS Plus ($250/class) — requires selecting goods/services descriptions from the USPTO's pre-approved ID Manual, stricter but lower cost; TEAS Standard ($350/class) — allows you to write your own goods/services description, more flexible but costs more. Indicate basis for filing: use in commerce (you're already using the mark in business — provide specimen, i.e., a photo of the mark on a product, packaging, or marketing material) or intent to use (not yet in commerce — files a "placeholder" that you must convert to use-based within 36 months). Domestic applicants can file themselves; foreign applicants must use a U.S.-licensed attorney.
5
Wait for USPTO Examination (8–10 Months)
After filing, the USPTO assigns your application to an examining attorney who reviews it for compliance. Current USPTO examination wait time is approximately 8–10 months from filing. You can track status at tsdr.uspto.gov using your serial number. If everything is acceptable, the application is approved for publication. If there is a problem, you receive an office action.
6
Respond to Office Actions (If Received)
An office action is a rejection or request for clarification from the USPTO examiner. Common reasons: likelihood of confusion with an existing mark, goods/services description too vague, insufficient specimen (proof of use), or procedural deficiency. You have 3 months to respond (extendable to 6 months for a fee). A failure to respond results in abandonment of the application. Office actions require legal analysis — this is where a trademark attorney provides the most value. Approximately 30–40% of applications receive at least one office action.
7
Publication for Opposition (30 Days)
Once approved by the examiner, your mark is published in the USPTO Official Gazette for 30 days. During this period, any third party who believes your mark would damage their existing rights can file an opposition — a legal proceeding before the Trademark Trial and Appeal Board (TTAB) contesting your application. If no opposition is filed (or opposition is resolved in your favor), your mark proceeds to registration.
8
Registration Certificate Issued
If no opposition: the USPTO issues your Certificate of Registration approximately 8 weeks after the opposition period closes (use-in-commerce applications). For intent-to-use applications, you must file a Statement of Use proving actual use in commerce before the certificate is issued — due within 6 months of the Notice of Allowance, extendable up to 36 months total. You can now use the ® symbol on all uses of the mark in connection with the registered goods/services.
Registration Timeline
Month 0
File application via TEAS. Receive serial number immediately. Begin using ™ symbol.
Months 1–2
USPTO processes filing. Application status: "New Application — Record Initialized."
Months 8–10
USPTO examination. Examiner reviews for compliance, likelihood of confusion, description accuracy. Approval or office action issued.
Months 10–11
Office action response window (if received): 3 months to respond. Adds 3–12 months to timeline if contested.
Month 11–12
Publication in Official Gazette. 30-day opposition period begins. Most applications receive no opposition.
Month 13–14
Registration certificate issued (use-based applications). Begin using ® symbol.
Total timeline: 8–12 months for straightforward applications; 18–36+ months if office actions or oppositions are involved.
USPTO Filing Costs
| Item | Cost | Notes |
|---|---|---|
| TEAS Plus application | $250/class | Must select descriptions from USPTO ID Manual; stricter requirements |
| TEAS Standard application | $350/class | Write your own goods/services description; more flexible |
| Response to office action | $0 | Government fee is free; attorney fees if you hire one: $300–$800+ |
| Extension of time to file SOU | $125/class per extension | Intent-to-use only; up to 5 extensions (6-month each) |
| Statement of Use (SOU) | $100/class | Intent-to-use: required to convert to registered mark |
| Section 8 maintenance (year 5–6) | $225/class | Required to keep registration alive at 5–6 year mark |
| Section 8 + 9 renewal (year 10) | $325/class | Required every 10 years thereafter |
| Trademark attorney — full service | $1,000–$2,500+ | Search, application, office action response; per class |
Key Trademark Classes for Small Businesses
Class 35 — Business Services
Advertising, marketing, business consulting, staffing, retail stores, online retail (the store service itself)
Class 36 — Financial Services
Banking, insurance, real estate, mortgage, investment advisory, payment processing, business lending
Class 41 — Education & Entertainment
Training, coaching, online courses, seminars, workshops, media production, entertainment
Class 42 — Software & Technology
SaaS products, software development, website hosting, IT consulting, tech R&D services
Class 44 — Medical & Health
Medical, dental, veterinary, nursing, hygiene, beauty, agriculture services
Class 43 — Food & Restaurant
Restaurant services, catering, hotel services, temporary accommodation, food and beverage services
Class 37 — Construction & Repair
Construction, building, installation, maintenance, repair, cleaning services
Class 25 — Clothing & Apparel
Branded merchandise, clothing, footwear, headwear — needed if you sell branded apparel
Filing in the wrong class provides zero protection:
A trademark registered only in Class 36 (financial services) does not prevent a competitor from using your brand name to sell Class 35 (business consulting) or Class 41 (educational seminars). If your brand extends across multiple goods/services categories, you need separate filings per class. Consult a trademark attorney to identify the right classes before filing.
Maintaining and Renewing Your Trademark
A federal trademark registration doesn't last forever automatically — it requires ongoing maintenance filings:
- Between years 5–6: File a Section 8 Declaration of Continued Use ($225/class) with a specimen showing current use. If not filed, the USPTO cancels the registration.
- Between years 9–10: File a combined Section 8 and 9 Renewal ($325/class). Then every 10 years after that for as long as you continue using the mark.
- At any time: File a Section 15 Declaration of Incontestability (after 5 years of continuous use) — makes the registration much harder to challenge in an opposition proceeding.
Important: trademark rights require continued use in commerce.
If you abandon use of a mark for 3+ consecutive years, it is presumed abandoned — anyone can then use or register the same mark. Trademark rights are not permanent property like real estate; they require ongoing active use.
Frequently Asked Questions
- What is the difference between a trade name, DBA, and trademark?
- A trade name or DBA (doing business as) is registered with your state or county to allow you to operate under a business name — it provides no exclusive rights. Someone else in another state (or even your own state in some jurisdictions) can legally use the same name. A federal trademark registered with the USPTO gives you nationwide exclusive rights to use a name, logo, or slogan in specific goods/services classes. Copyright is entirely different — it protects original creative works (books, music, software code, art) automatically upon creation. It does not protect names or logos.
- How much does it cost to register a trademark?
- USPTO filing fees: $250/class (TEAS Plus) or $350/class (TEAS Standard). If you need protection for your name and logo separately, or in multiple goods/services classes, each is a separate filing and fee. Attorney fees for a full-service filing (search, application, office action response): $1,000–$2,500+ per class. Maintenance fees: $225/class at years 5–6; $325/class at year 10 and every 10 years thereafter. A single-class TEAS Plus DIY filing costs $250 in government fees — but the likelihood of errors or office actions is higher without professional guidance.
- How long does trademark registration take?
- 8–12 months for straightforward applications in 2026. Timeline: filing → USPTO examination (8–10 months) → publication (30-day opposition window) → registration (8 weeks after publication). Office actions add 3–12 months. Oppositions can add 12–24+ months. You can use the ™ symbol immediately after filing. The ® symbol is only permitted after the USPTO grants registration.
- Do I need a trademark attorney?
- Foreign applicants are legally required to use a U.S.-licensed attorney. Domestic applicants can file themselves, but 30–40% of applications receive office actions requiring legal knowledge to resolve effectively. A trademark attorney conducts a more thorough clearance search, identifies likelihood-of-confusion issues before you file, drafts the goods/services description precisely (the most common office action trigger), and handles rejections. If your brand is central to your business model, the $1,000–$2,500 attorney fee is well spent relative to $250–$350 in filing fees that you lose if the application is rejected or abandoned.