Intellectual Property Law

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hello. i am starting a new business. should i get a trademark

and a dba? whats the...
hello. i am starting a new business. should i get a trademark and a dba? whats the difference? i was told that maybe i should get both. Also what would i need to get to secure an alias that I am famous for on the internet. I want to make sure I can continue to use it officially for branding purposes without someone stealing it. let me know please.
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4/26/2013
BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
Verified

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Let me explain to you what a "dba" is and what a trademark is

BizIPEsq. :

a dba stands for "doing business as" and basically it is another name that your business can be known as. Sometimes businesses that appeal to two different markets want to utilize two different names even though its the same business, in such case a dba can be used

BizIPEsq. :

a trademark is a protection that is afforded by the US trademark and patent office for a name or slogan used in interstate commerce. By registering a trademark in a certain product category (known as 'class') you can preclude other from using the same name or a confusingly similar name for the same product class

BizIPEsq. :

you do not necessarily need either a dba or trademark when your starting a business. It depends on your needs and realities of the marketplace and your industry.

BizIPEsq. :

If you believe your competitors nationwide might use names of products and services that could be confusingly similar to yours then filing for a trademark is highly recommended.

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq. :

Please rate my answer

BizIPEsq. :

all the best!

Customer:

well how does a dba differ from having a company? i want to start a company with a unique name and be licensed to have contracts under that name that are legally binding. what should i go for?

BizIPEsq. :

a dba is simply another name to use either for a company or for an individual who is doing business as a sole proprietorship

BizIPEsq. :

typo: by

BizIPEsq. :

a dba is a secondary name the company is known ny

BizIPEsq. :

typo: by

BizIPEsq. :

a dba is a secondary name the company is known ny

BizIPEsq. :

In conclusion, simply form a company with the name you want to use. No need for a dba

Customer:

what would i do then?

Customer:

what would i need to pursue for the sole proprietorship?

BizIPEsq. :

a sole proprietorship is not a "company" it's just you (the person) doing business

BizIPEsq. :

if you want to conduct business as a sole proprietorship then you would need to register a fictitious name (dba)

Customer:

what is the process called for me to start a company then? as you can tell im clueless

BizIPEsq. :

no worries. it's called incorporation

BizIPEsq. :

If you'd like to have more details about starting a company I can explain to you in detail under a new question (this one is limited to dba and trademark)

Customer:

ok so what do i do to get you back in chat for a new question?

BizIPEsq. :

Thank you

BizIPEsq. :

please rate this question and ask a new one about "incorporation" directed at me "BizIPEsq"

BizIPEsq. :

Thank you

BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
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BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
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Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters

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