# Naming Your Clothing Line: Business Names - Trademarks - DBAs



## StartYourBrand (Jul 8, 2013)

Many of those starting a clothing company often feel frustrated when attempting to come up with a good name for their brand. Choosing a suitable name for your clothing line is one of the most important steps in the startup process. Your name is the first thing your customers will see and hear, so you want to make sure it is something catchy and recognizable. You also want to be sure it is in no way affiliated with the name of an existing company. When deciding on which name to choose, the first thing that comes to mind is the _trademark/ brand name_, or the name that will be featured on your products. But what many people fail to realize is that you must come up with two names for your company. These two names are the _*business name*_, and the _*trademark/ brand name*_. This is very important because there is a huge difference between these two types of names. Although the business name is ultimately decided upon which _Business Structure_ you choose, you still need to be aware of the differences between these two types of names. 

*Business Name: * The legal name that identifies your business as an entity; this name will be displayed on all of your tax forms, contracts and other formal documents. Generally, your business name is different due to which type of _Business Structure_ you decide to use. Registering your _business name_ provides you NO protection for your _brand name/ trademark._
*DBA "Doing Business As": *The name in which your business operates under; also known as a _fictitious name_ or _trade name_. *IF* you choose to have a name that is anything different from your own personal name, the personal name of your partner(s), or the official registered name of your LLC or Corporation, you must register a DBA with your county clerk’s office, or your state government. There are a few states that do not require a DBA registration.
*Do You Need A DBA?* 
*Sole Proprietorships/ Partnerships:* If you choose to have a name that is anything different from your own, or the name of your partner(s), you must register a *DBA*.
*Corporations/ LLCs:* If you have an existing Corporation or LLC and you would like to conduct business under a different name, you must register a *DBA*.


*Trademark* – Or brand name, is the name that will be featured on all of your products. Trademarks include words, phrases, pictures, logos, or symbols. In order to claim all rights for your mark, you must apply for a trademark registration with the United States Patent and Trademark Office, or with your State Secretary. 
 
Ex. If you file for a LLC (Limited Liability Company), you must end the name of your business with LLC, L.L.C., or Limited Liability Company, in order to indicate that your business is in fact a Limited Liabilty Company. Say your company is called John Doe LLC, but you want to operate under a different name without terminating the LLC, such as 'John Doe'. You would file for a 'DBA' in order to have a 'fictitous' name. DBA's act as an alias for your actual business name. Also, you would like to have a different trademark that is featured on your products, so you decide to use JD™:

Business Name: John Doe LLC
DBA: John Doe
Trademark: JD™
Once you've created a suitable name for your company, you must conduct a proper Trademark Search to see if that name, or a "confusingly similar" name is currently in use. For more help, feel free to visit:


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