Your LLC or corporation name
When you form a company, the state checks that no other entity in its registry has the same or a nearly identical name. That’s the extent of it. The state doesn’t search trademarks, doesn’t check other states, and doesn’t give you the right to stop anyone from selling under the name. It’s possible to form an LLC whose name infringes someone else’s trademark, and the trademark owner can still require you to stop using it.
The same goes for “doing business as” (DBA) or assumed-name filings. They register who is behind a name; they don’t create ownership of it.
Your domain name
Buying a domain gives you control of that web address for as long as you keep renewing it. It doesn’t give you rights in the words. A competitor can sell under the same name with a different domain, and if your domain matches someone else’s trademark, they may be able to have it transferred to them.
Your trademark
A trademark protects the name, logo or slogan customers use to identify your products or services. It’s the only one of the three that lets you stop others from using a confusingly similar name in the market. A federal registration extends that protection nationwide, puts your claim on public record and gives you the enforcement tools described in how to stop copycats.
Side by side
| Question | LLC name | Domain name | Trademark |
|---|---|---|---|
| What you get | A legal entity under that name in one state | Control of one web address | Rights to use the name as a brand for your goods or services |
| Where it applies | That state's business registry | The internet address only | Nationwide (federal registration) |
| Stops others from using the name to sell? | No | No | Yes, if their use is likely to confuse customers |
| Checked against existing trademarks? | No | No | Yes, by a USPTO examiner |
What about copyright and patents?
Copyright protects creative works such as writing, photos, artwork and code, and can cover a logo’s design, but not a name or short phrase. Patents protect inventions. Neither protects your brand name.
The right order
- Search first. Before you commit to a name, check for existing trademarks that could conflict with it.
- Secure the basics. Form your company, and register the domain and social handles if they’re available.
- File the trademark. Apply with the USPTO for the goods and services you sell or plan to sell. An intent-to-use application can reserve the name before launch.
Doing the trademark search before the LLC and domain saves you from paying for a name you can’t keep. Our step-by-step guide explains the filing process.