Practice Area

Assumed Name (DBA) Dispute

Texas State Court

Situation — How This Comes Up

Someone is doing business under a name that is confusingly similar to my DBA.

What You Need to Know First

A Texas assumed name filing does not create trademark rights or prevent others from using a similar name. Actual trademark rights — common law or registered — are what provide enforceable protection.

Full Analysis

Texas assumed name (DBA) certificates provide notice but do not create exclusive rights. Protection against confusingly similar names requires common law trademark rights or federal registration under the Lanham Act.

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