Registration of a brand name (trade name)
A trade name registration, also known as a "Doing Business As" (DBA) name, is done at the state level and allows a business to legally operate under that name within that state. However, the registration grants No exclusive rights or prevents other parties from using the same name.
In short:
One Trademark registration is the application and nationwide registration of a trademark (figurative mark, word mark) with the U.S. Patent and Trademark Office (USPTO), granting the owner exclusive rights to use that mark for certain products/services. A Brand name registration on the other hand, is merely the registration of a business name at state level, which does not confer any exclusive nationwide rights.
Requirements for registration
The requirements for registering a brand name vary from Federal state from state to state. As a rule, an application must be submitted to the relevant state authority (e.g. Secretary of State Office or Department of Revenue) and a fee paid. Some states require all businesses operating under a name other than the legal name of the owners to register a trade name. Other states require this only for certain business structures such as corporations and LLCs.
Period of validity and renewal
Brand name registrations are usually valid for a certain period of time (e.g. 1-5 years) and must be renewed regularly by paying a renewal fee.
Registration vs. registration
A brand name registration is fundamentally different from a trademark registration:
- Registration level: Brand names are registered at the state level, while trademarks are registered at the federal level with the USPTO.
- Scope of rights: A brand name registration does not grant exclusive rights, whereas a trademark registration grants exclusive nationwide rights.
- Registration costs: The fees for a trademark registration are significantly higher than for a brand name registration.
- Period of validity: Brand name registrations have a limited period of validity of a few years, trademark registrations can theoretically be valid indefinitely.
- Symbol usage: After a brand name registration, only TM/SM may be used; after a trademark registration, the ® symbol may be used.
- Legal protection: A trademark registration offers comprehensive legal protection of the trademark, a brand name registration does not.
- Geographical reach: Brand name registration only within one state, trademark registration nationwide.
- Required documents: Significantly more documents/evidence are required for a trademark registration.
- Renewal procedure: Brand name registrations must be renewed regularly, trademark registrations according to a specific procedure.
- Examination process: Trademark applications undergo a detailed examination process, whereas brand name applications do not.
- Possibility of transfer: Registered trademarks can be transferred more easily than brand names.
- Legal basis: Brand name registrations are based on national law, trademark registrations on federal law.
State vs. federal level
A trademark registration is done at the state level, while a federal trademark registration is filed with the U.S. Patent and Trademark Office (USPTO).
Scope of rights
A trademark registration only allows that business name to be used within that state, but does not grant exclusive rights. A trademark registration, on the other hand, gives the owner exclusive nationwide rights to use that mark in connection with its goods/services and protects against the use of the same or similar marks by others.
Using the ® symbol
The ® symbol may only be used for trademarks that are registered with the USPTO. A mere brand name registration does not authorize the use of this symbol, only the Symbols ™ for brands and ℠ for service brands.
While a brand name registration only allows the use of a specific business name within a state, a trademark registration provides broader, nationwide legal protection of the brand as a trademark. Many businesses register their brand name as both a state trademark and a federal trademark.