A common mistake regarding a business name is XXXXX XXXXX that the filing of a DBA or the registration of a corporation with the Secretary of State protects the name. They don't. Do not assume that any name filings provide protection of the name. Those types of filings are not intended to protect your rights to a name and they only remotely affect the protection of a name from use by others.
The key to creating rights to a name is XXXXX XXXXX use of the name in business. The party first using a name or trademark in a particular geographic area in selling a type of product or service has the superior right to the name or mark in that area for that type of product or service. All other considerations of rights to business names or marks have to contend with that basic rule.
Federal registration of a name or mark as a trademark gives the greatest assurance that your rights to the name are superior to the rights of others. But federal trademark registration is registration of the name or mark only as it is used in the sale of goods, and is not intended to protect the business name. The rights to the trademark arise upon the first use of the mark.
The main purpose of this state-mandated filing is the protection of the public through the identification of person doing business under a fictitious name.
If you are just looking to protect yourself from liability and not acutally protect your corporate name you can just file the necessary papers with your sec. of state for doing business as Customer Brothers and that will be enough to protect you.
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