The Business Name on Your Formation Documents vs. Trademark Rights: What’s the Difference?

When you register your business with your state, you pick a name and put it on the formation documents you file with the state to ask the state to let you use that name as the official legal business name.

Maybe you’ll also file an assumed name application if you’d like to use a different name with the public than the legal business name.

On paper, then, you have a legal business name and perhaps an assumed name for the business. That DOESN’T mean you have the right to use either of those names publicly in connection with your business. That may seem all kinds of wrong, but it’s accurate.

Trademark rights are indeed a completely separate issue—at the federal level (via the U.S. Patent and Trademark Office), the state level, or even at common law (which is use without registration and based on actual use in commerce). Trademark rights are about who owns the right to use that business name with the public.

If you don’t have the trademark rights to a name, using it with the public is risking an accusation of trademark infringement. You need to assess your trademark rights separately before you use a name with the public.

If you’d like help with trademarks, let’s talk. You can book a consultation online or by calling my office, use my contact form, or send me an email.
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Julie King

Julie is a licensed patent attorney and the founding attorney at King Patent Law, PLLC, with over 25 years of legal experience. Her practice focuses on intellectual property, business, and estate planning, and she's passionate about helping clients use IP tools to protect and grow their businesses. When she's not helping clients, you can find her at a live rock show, watching a horror movie, or playing the guitar (badly).
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This content is for informational and educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney.

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