Is my incorporated or LLC company name the same as a trademark?
No, the incorporation of a company name is not the same as a trademark. Most states allow companies to incorporate using a chosen name as long as it does not conflict (i.e., an identical match) with another name already registered in that state. However, this does not provide exclusive nationwide use of the name.
Trademark rights are separate from company incorporation. For example, a company may be allowed to use a certain name for incorporation in a particular state, but another company in a different state may have already registered that name as a trademark, granting them exclusive rights to use that name throughout the United States.
While using a name to sell a product or service may establish common law trademark rights, using a company name or a (d/b/a) in and of itself does not typically provide any trademark rights. Registering a trademark with the Trademark Office is the only way to secure full nationwide protection and enforcement by US Customs and enjoy the benefits and remedies reserved for federal trademark registration.