Trademarks vs DBAs

trademark writing

Trademarks vs Doing Business As

If you’re starting a new business, you know there are a lot of things you need to check off on your to-do list. One of those is most likely registering your business name and/or logo legally. But how do you know if a trademark or a DBA (“Doing business as”) is right for your business? 

Dan Burke, Attorney at Law is an expert when it comes to trademarks and DBAs. We’re here to help you break down trademarks and DBAs and help you understand the differences between the two – so you can make the right decision for your business.


Contrary to a DBA, a trademark gives your company or business the exclusive rights to use whatever words and symbols have been granted trademark rights. This gives your business more legal rights than a DBA would. With a trademark, you legally can force other companies to stop using words or symbols that you have trademarked if it is confusing to your customers. To get your trademark paperwork as accurate as possible, work with a trademark lawyer before sending it in.

Benefits of a Trademark

Trademarks are great for adding value to your business. It highlights your companies reliability and trustworthiness. Some of the key benefits to a trademark include:

  • Offers brand protection
  • Ensures exclusive rights
  • Allows use of registration mark
  • Protection under the law
  • Shields against trademark infringement
  • Can become an asset


A DBA is a way to allow yourself to conduct business under a business name, or another name, that is different than your legal name. In some cases, a bank may require you to have a DBA to work with you, or a client of yours may need your DBA to write up a contract with you. A DBA lawyer can help you decide if this is best for your business.

Benefits of a “Doing Business As”

On the surface, DBA’s may not have as many benefits as a trademark. However, the benefits they do have are important to note. Some of the benefits include:

  • Easy and Affordable
  • Very versatile
  • Allows expansion into other markets with similar products
  • Makes it easier to set up a business bank account
  • Allows you to use catchy names without losing the name rights to your business

Which should I choose?

A trademark is a legally binding document that gets approved through the United States government and has much more legal rights attached to it than a DBA, which is just allowing you to formally conduct business under an alias or company name. By choosing a DBA, you also face the risk of another company using your name in the future – a trademark will not allow that to happen.

If you still aren’t sure which is best for your new business, contact the offices of Dan Burke Attorney at Law today. We specialize in small business law, probate law, and real estate law. We can help you with your contracts, deeds, leases, and more. 

If you are in San Antonio, contact Daniel Burke Attorney At Law today and schedule your free consultation.


Leave a Comment!*

Related Posts

Understanding Your Employee Agreement

A Legal Guide By Dan Burke, Business Attorney In San Antonio Navigating an employee agreement can be daunting, especially when you're eager to embark on a new career path. At…
Read more

What Is Business Identity…

Did you know that identity theft can happen on a large scale? Very few people understand how this issue can affect more than just one individual in certain scenarios. Business…
Read more

When Should I Hire…

As a new business owner, hiring an attorney can seem like a daunting task. You may be unsure if you need a lawyer at all, much less what they can…
Read more