Maryland Trademark Attorney: Create a Doing Business As (DBA) Name And Trademark It Later

The question was recently posed to me about the difference between Doing Business As and having the same name trademarked at a later time. The state can designate a Doing Business As after checking the name against other company names in the Maryland state database. This is different from obtaining a trademark in that name. Obtaining a DBA does not mean that there are no national companies that are using that name including one that may have obtained a trademark.

If you attempt to file a DBA in the name of a company that already exists in Maryland the application should be denied by the state. If there is not a DBA of that name, the application could be approved. Once the DBA is obtained you could, at a later date, file for trademark status with the United States Patent and Trademark Office (USPTO). Having the DBA in advance will have no bearing on whether the USPTO grants you the trademark. Instead they will follow the law pertaining to the registration of trademarks in the United States.

For a confidential conversation to discuss these and other intellectual property law matters, contact Maryland attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here.

Day, evening and weekend appointments are available in office or at your residence. Mr. Reichert personally serves clients in Baltimore, Baltimore County, Anne Arundel County, Howard County, Carroll County, Harford County, Frederick County, Montgomery County and throughout most of the state of Maryland.