Business Name Terminology

Understanding Business Name Terminology: Legal Names, Company Names, DBA Names, Corporate Names, and Trademarks

When starting a business, it's important to understand the different types of names associated with your company. Each name serves a unique purpose and carries specific legal and branding implications. This guide will clarify these terms to help you make informed decisions for your business.

1. Legal Name

The legal name of a business is its official name as registered with the government. This name varies depending on the type of business structure:

- For sole proprietors, the legal name is typically the owner's full name (e.g. "San Simon").

- For partnerships, it usually consists of the names of the partners unless a different name has been registered.

- For LLCs (Limited Liability Companies) or corporations, the legal name is the one stated in the formation documents filed with the state.

Key Points:

- The legal name is used on legal documents, tax filings, and contracts.

- It must comply with state requirements, which may include the necessary terms like “LLC” or “Inc.” where applicable.

---

2. Company Name

A company name refers to the name by which your business is recognized by the public. This name may be the same as your legal name, but it can also include a trade name or DBA (Doing Business As) if you operate under a different name.

Example1:

A sole proprietor business named "San Simon"

Have different company name "BLastCookies"

Example2:

• A corporate Name Legal Name: "Sunshine Bakery, LLC " might have a different Name Company Name: "Sunshine Bakery"

  
  

  ---

  
  

• DBA Name (Doing Business As)

  A DBA (Doing Business As) name is an alias used when a business operates under a name different from its legal name. DBA provides flexibility to brand your business without changing the legal name, Allows sole proprietors to use a business name instead of their personal name and Enables a them to create distinct names for different product lines or locations.

  
  

  DBAs must be registered with the local, province or state authorities and they usually do not provide legal protection for the name.

  
  

  Example:

  - Legal Name: Fresh Foods, LLC

  - DBA: Green Harvest Market

  
  

  Or

  Let's say you have a sole proprietor business name "San Simon" and and a different company name is "BLastCookies" Your full Business name might be : San Simon, DBA: BLastCookies

  
  

  ---

  
  

  Corporate Name

  A corporate name applies to businesses structured as corporations. It is the name listed in the corporation’s Articles of Incorporation and is legally protected. The corporation must have a designation such as  “Inc.,” or “Limited.” and need to comply with the province or state regulations

  
  

  **Characteristics:**

  - Must include a designation such as “Corporation,” “Inc.,” or “Limited.”

  - May need to meet specific state requirements for uniqueness.

  
  

  ---

  
  

  Trademarks

  • A trademark is a form of legal protection for a brand name, logo, slogan, or any symbol that represents your business and sets it apart from others. Unlike legal or DBA names, a trademark grants exclusive rights to use the name or symbol in commerce.

    
    

    Reasons to Register a Trademark:

    - Safeguards your brand against unauthorized use by competitors.

    - Offers national recognition and legal recourse in case of infringement.

    - Can enhance the value of your business.

    
    

    Illustrative Example:

    - Business Name: Golden Threads, LLC

    - Trademark: A distinctive logo featuring the text “Golden Threads®.”

    
    

    Key Contrasts:

    - Trademarks are regulated by federal law (through the United States Patent and Trademark Office - USPTO) rather than state law.

    - While registration is not mandatory, unregistered trademarks have limited protection.

    
    

Comparison Table

Term	Purpose	Registration	Legal Protection	Examples
Legal Name	Identifies the business officially.	Mandatory with the state or province	Yes, for the legal entity.	“Smith & Sons LLC”
Company Name	Public-facing name (general term).	Sometimes (DBA needed).	Depends on usage.	“Smith’s Gourmet Bakery”
DBA Name	Alternative name for branding.	Required locally/state.	No (not exclusive).	“Smith’s Sweets”
Corporate Name	Name for corporations, as per Articles.	Mandatory with the state.	Yes, for the corporation.	“Smith Corp.”
Trademark	Protects brand identity (name, logo, slogan).	Optional but recommended.	Yes, exclusive.	“Smith’s Finest®” (logo and slogan).