Answer FileIntellectual Property

Does registering my business name protect it like a trademark?

The answer, cited

No. Forming an LLC or corporation, or filing a fictitious business name statement (Business and Professions Code section 17900 et seq.), confers no trademark rights, it only clears the name for state filing purposes. Trademark rights come from actual use in commerce, enforceable under 15 U.S.C. § 1125(a), and strengthen with registration.

Name registration and trademark protection answer different questions. An approved LLC or corporate name means only that no identical entity name sits on the California Secretary of State's rolls, and a fictitious business name statement (Business and Professions Code section 17900 et seq.) merely tells the public who operates a DBA, neither stops a competitor from using a confusingly similar brand, and neither defends against someone with earlier trademark rights. Trademark rights in the United States arise from actually using a mark in commerce: even unregistered marks are enforceable against confusing imitations under 15 U.S.C. § 1125(a), with rights generally limited to the geographic area of use. Federal registration under the Lanham Act adds nationwide priority, legal presumptions of ownership and validity, and stronger remedies; California state registration (Business and Professions Code section 14200 et seq.) offers a narrower, state-level counterpart. The practical order: clearance search before adopting any name, then entity registration, then brand protection; skipping the search is how businesses end up rebranding.

Authority: 15 U.S.C. § 1125(a)

Source: 15 U.S.C. § 1125(a) · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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