Register Business Name: Everything You Need to Know

When registering a business name in a “ Doing Business As ” DBA Fictitious Business Name filing, a public record of an entity is created. 7 min read1. Register Business Name

2. Create an official business structure

3. Get a trademark
4. Decide on a Name for Your Business
5. Check the Availability of the Name You Choose
6. Using a Fictitious Business Name
7. If You Need Help
8. Registering the Name of a Corporation, LLC, or Limited Partnership
9. Examples of Fictitious Business Names
10. Why You Must Register Your Fictitious Business Name
11. How to Register Your Fictitious Business Name

Register Business Name

When registering a business name in a “ Doing Business As ” DBA Fictitious Business Name file, a populace record of an entity is created. registration for a DBA is normally obtained through the Secretary of State or County Clerk in the legal power where the business is organized. The United States Federal Small Business Administration offers a state-by-state guide to DBA application .

Create an official business structure

Establishing an official business structure requires submitting articles of incorporation, articles of constitution, or statement of limited partnership to the state of matter. Businesses registered as corporations or “ limited liability caller ” LLC, mechanically register a business name at meter of filing. Internal Revenue Service filing of a business, registers an entity with the union government for tax purposes. Business name registration is not, however, automatic post protective covering. Intellectual property rights to sword name assets requires submission of an application for adjustment of hallmark with the United States Patent and Trademark Office .
Trademark adjustment application should follow business appoint adjustment to ensure that rights to a name are secured. adjustment of a DBA list as a logo, symbol, or give voice with the USPTO further protects the rights of a caller and its legal identity from violation and misuse by competitors. Companies focused on countrywide or global expansion of a clientele do not hold the like protections outside of the jurisdiction where the clientele is maintained without filing for hallmark.

The SBA provides steps to protecting a DBA fabricated business identify in the U.S. and internationally. Foreign companies interested in doing clientele in a state can besides better protect themselves by registering a commercial enterprise name with the Secretary of State in the country where they will be operating, in addition to brand .
The rules governing terminology of LLCs and LLPs, deviate state-to-state. name selection for a business must comply with state rules to registration. LLC must file “ articles of organization, ” outlining the operate on agreement of the company, including ownership, allotment, and management social organization. Published notice of purpose to notice of LLC formation is compulsory in some states. Check the state regulations in the jurisdiction where the entity will be registered to find out if public disclosure of DBA fabricated name, and file of articles of organization is required .
nonprofit organization constitution registration applicants must file articles of incorporation, including information about the entity and its officers with the Secretary of State web site. Tax exempt status with the IRS can take up to 12 months to qualify. Review the rules to nonprofit coverage published on the IRS web site. A nonprofit business can besides register its DBA in states where fundraising takes place to eliminate delays in beneficent contribution by tax deduction seeking parties .
Owners forming a pot may file to register a C pot or S corporation, depending on capital, structural capacity, and intended growth of an organization. Business identify adjustment is one of the foremost steps to filing for a corporation. The DBA must comply with department of state regulations to naming in the industry in which a ship’s company will do business. designation of a commercial enterprise as a corporation requires that the give voice “ Corporation ”, “ Corp ” or similar be present in the entitle. A DBA must besides be unique, and not alike in name already in use by another business, specially a rival .
business name registration details can be found at the Secretary of State ’ s SOS office web site. Business appoint registration should serve to protect the brand identity, fiscal and legal indebtedness of a party and its stakeholders. Depending on the state, a party may be required to have multiple business identify registrations. Trademark of DBA is highly recommended for corporations involved in selling goods and services .
Creating a business structure is the key to securing a DBA as a legal diagnose for a party. Filing articles of incorporation with business list cited in registration affirms mention election once approved. The cost for organizing a business structure normally ranges between $ 100 to $ 800 in file fees. Visit the American Bar Association web site to search for resources for imprint of LLC and corporations entities, and to hire an lawyer .

Get a trademark

A business can protect a occupation name registration by filing a hallmark application with the USPTO. The registration of a DBA as a brand protects a company sword from violation, embezzlement, and counterfeit in all 50 states of the United States. A hallmark from the USPTO does not guarantee protections abroad. A stronger protection than copyright, brand offers specific protection where a appoint associated with the legal identity of an entity and its products, goods, and services are concerned. once registered with USPTO trademark, it is must easier for a clientele to recuperate embezzled place .
A hallmark may include slogans, logos, colors, and symbols associated with the DBA mention of a business. In the ball-shaped marketplace, stigmatize recognition and ship’s company integrity much rest on recognizable trademark of a well-known brand. Corporations capitalize on brand registration through the license of products or services to third parties. While not required for official clientele status, trademark is an option that promotes the brand identity of a pot .
If a occupation is growth oriented, a hallmark protects the DBA of a party from competitors. For exemplify, trademark adjustment adds a layer of protective covering to the identity of a pot at clock time of initial public propose when a stock watch is registered with the Security and Exchange Commission. widely recognized by consumers and investors, a hallmark delineates the legal identity of a company in a give voice, phrase or symbol .
Conducting a comprehensive examination research for existing trademarks of the same or similar name in the USPTO database will protect a company from wasting clock time and resources on a deny application. Trademark registration gives intellectual property rights, including rights to enrichment should the use of the score be violated. registration of a business name with the USPTO entitles a business to exploit a mention toward the benefit of the ship’s company, and to trade competitively in the market. The file fees for USPTO brand registration cost $ 200 and $ 300, compared to the cost of a DBA at approximately $ 100 for adjustment.

To find out if a mention qualifies as for hallmark protection and the steps to registration, visit the USPTO web site .

Decide on a Name for Your Business

A business appoint reflects the interests of an entity and its ownership. Businesses often have two names : the name of legal adjustment, and the “ Doing Business As ” DBA known by consumers .

Check the Availability of the Name You Choose

search for the diagnose selected to determine if it is in function to avoid delays in identify registration .

Using a Fictitious Business Name

The adjustment of a DBA statement with a state, county or city salesclerk, places a business name on official record. public disclosure in a newspaper is generally required as function of the process. The SBA can provide extra information on using a fabricated clientele name .

If You Need Help

Visit the submit ‘s Secretary of State or Department of Corporations web site for details about adjustment of a business .

Registering the Name of a Corporation, LLC, or Limited Partnership

Articles of internalization or instruction of limit partnership required for C pot, S corporation, LLC, or limited partnership for adjustment purposes. A fabricated business name is automatically registered with those documents. In most states, LLC entities file an simulate name security, or assumed diagnose instruction like a corporation with the Secretary of State .
Those entities selling products or services under a offprint brand diagnose must file an assume name certificate or fabricated name statement. The same rules apply to use of a LLC name without the suffix “ limited Liability Company ” or acronym “ LLC. ”
In some states, like Massachusetts, an LLC besides must file a DBA security with the city salesclerk. Owners can besides register a DBA fabricated business name on the U.S. Small Business Administration ‘s web site .

Examples of Fictitious Business Names

Sole proprietorships, partnerships, and LLC all must file a assumed name argument if the survive name of owner ( mho ) is not included in the claim. C corporations and S corporations all file a DBA assumed business identify as separate of the rules to internalization, maintaining separation between entity and owners .

Why You Must Register Your Fictitious Business Name

record of fabricated business name is required by states for several reasons. First, states seek to prevent consumer confusion. Second, a ready search of the owner of a business without a individual investigator. Third, legal complaint is actionable. fourthly, Banks will not open a business checking report without the properly registered name. last, rival annexation of the same name is impossible.

How to Register Your Fictitious Business Name

registration of a assumed business identify is done by filing with the Secretary of State in most U.S. states. Some states, like California, county registration is besides required. consult with the state government where a business will be maintained, to ensure that all paperwork has been filed with the right agencies. Most counties and municipalities require businesses in specific industries to license and/or permit to operations .
Visit the county clerk ’ second agency to find out the procedures, requirements, and fees associated with doing occupation in the legal power where your ship’s company will be located. Register a name that ‘s already in use. Check the Secretary of State or county clerk database for existing name registration. Most states require populace disclosure of fabricated name in a newspaper and submission of an affidavit or proofread of issue. Any business not using the legal diagnose of the military officer or entity owning business ), must comply with assumed business name requirements .
commercial enterprise owners requiring aid in filing business appoint registration, articles of internalization, or for partnership or single member LLC condition, can consult with UpCounsel. Inquiries about the business incorporation process and express registration can be submitted for a legal consultancy on UpCounsel ’ s market. UpCounsel lawyers represent the exceed 5 percentage attorneys in the United States, graduating from top law schools such as Harvard Law School and Yale Law School. UpCounsel attorneys have an average 14 years of legal experience, and have represented bodied clients like Google and Menlo Ventures .

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