Does Trade Name registration count as First Used in Business?

Labeled as question in Legal Discussion started by CJ6, Feb 11, 2019.


  1. CJ6

    CJ6 My favorite movies are too offensive now. Whimps. VIP

    Likes Received:
    I have a domain for a potential business name (for me to use). I was thinking of trademarking it, but cannot afford to right now. There are no current trademarks on it.

    If I create a registered trade name (DBA) of that name through my state, does that count as the date first used for business during a trademark application? I am not going to use it yet, but may within the next few years.

    Basically, I am curious to know if creating a registered DBA name would count as a date for trademark registration... hopefully beating out any future legal issues. (Since I would be able to prove the date.)
    Last edited: Feb 11, 2019
    The views expressed on this page by users and staff are their own, not those of NamePros.
  2. jberryhill

    jberryhill Top Member John Berryhill, Ph.d., Esq. VIP ★★★★★★★★★★

    Likes Received:
    If you are talking about the "first use" requirement for a US trademark registration application premised on use of the mark, then the answer is "no".

    In order to register a mark in the US, the mark must be used in interstate commerce in the United States. While they don't conduct an inquiry into the topic, the applicant is asked to specify the "first use" of the mark in commerce.

    To "use" a mark, means that the mark is visible to consumers on or in connection with the provision of the goods or services, such that it serves the function of distinguishing those goods and services from those of others. For goods, normally the mark is used on the package, label, or goods themselves; while on services it might be on uniforms, vehicles, or the place where the services are rendered.

    Filing a trade name or business name registration does not establish that the term is being used as a trade or service mark on any goods or services whatsoever.

    Depending on what you mean by "the next few years", an intent-to-use application might be appropriate, but it is not entirely clear what your overall objective may be, or whether a trademark registration application of any sort is appropriate to that objective.
  3. CJ6

    CJ6 My favorite movies are too offensive now. Whimps. VIP

    Likes Received:
    Thank you very much. You answered my question(s) perfectly.

Want to reply or ask your own question?

It only takes a minute to sign up – and it's free!
Topics / Tags:

Share This Page

  1. NamePros uses cookies and similar technologies. By using this site, you are agreeing to our privacy policy, terms, and use of cookies.
    Dismiss Notice