How to Legalize a Business Name

Registering the company name is one step among many in the business registration process. Other important steps for registering a business in California include: A more complex and generally more expensive way to register a business name is to register the name as a trademark with the U.S. Patent and Trademark Office. This is often done with a county authority, but in some states it can be done with a state authority. This is called a fictitious name in some places and is also commonly referred to as the name “Doing Business As” or “DBA”. Whether you need to register a trademark or LLC first depends largely on your business goals. A trademark is a word, phrase, design or symbol that identifies and distinguishes the origin of your products from the products of other companies. For example, if you were a beverage company and wanted to name your business “Joe`s Drink” and one of your products “Joe`s Brew,” registering those names as a trademark in your state can help prevent other beverage companies or similar products in the same state from using the same names. If your business has a unique name, it can be a registered trademark as long as it is not too similar to another name that has already received a trademark. For example, if the name is too vague, such as The Ice Cream Shop, it is unlikely to be appropriate for a brand. Something like iguana ice cream would be more likely to get a mark because it combines common words in a unique way.

Business structures can be formal or informal and are how your business is formed, operated and taxed. We cover all of the following naming requirements for the following business structures: Domain names are registered by registrars approved by the Internet Corporation for Assigned Names and Numbers. Because the registration process is centralized, domain names are different from trademarks and trade names, as the rightful owner of the domain name can usually prevent someone else from using it without taking legal action. However, anyone can buy the same domain name with a different top-level domain. For example, if you own the domain name myrtlesturtles.com, other people or businesses can usually buy myrtlesturtles.org or myrtlesturtles.net. Filing a DBA (Doing Business As) allows your existing or new business to do business under a name other than your company`s legal name. This can be useful for establishing a brand name or changing the name of a business without having to file an amendment to an original application. Whether or not you register a trademark, it`s good to know if your name is already taken.

The legal name of a corporation is the legal name of a business entity that appears on incorporation documents filed and filed with the state. A corporate name can be changed by submitting an amendment to the corporation`s incorporation documents. If you want your business to have an online presence, you need to register a domain name. Registering a domain name is the act of reserving a name online for a certain period of time, usually a year. A good domain name for a business usually includes the name, such as veganbytes.com. Once you have registered your domain name, no one can copy or use it as long as you renew it regularly. If you want to start operating right away, it makes sense to register with the LLC first. If you have a lot of time and are more interested in getting your federal rights to the name before giving birth to it for fear that it will be co-opted by someone else, it makes more sense to register the trademark first. Once you`ve researched and deleted the name you want to file, it`s time to prepare your trademark application. You can register a name that is already being used for business purposes or wants to use the name in the future. Check out our country-specific guide to registering a business name to learn how to register a company name: Payment for a company name is made when documents such as name reservations, incorporation documents, DTA filings, and legislative amendments are filed with the appropriate secretary of state or department of the state where the company is incorporated or exists. A corporation is a separate legal entity from its owners with a basic operating structure consisting of shareholders, officers, directors and employees.

A C Corp corporate structure protects your personal assets. Companies need a unique name and must meet certain naming requirements, here are some general requirements: When you register your trademark with the USPTO, a public notice of your property is displayed and it is listed in the online database. With a government-registered trademark, you also have the option to register your trademark with U.S. Customs and Border Protection to prevent the importation of foreign goods with the same name. You can also use the federal symbol instead of the less enforceable ™ character ®. Registered aliases usually protect the name only in the county where it is registered. If the company plans to operate in more than one county, registration is required in each county. A company may choose to operate under other names by applying for a permanent contract, also known as a trade name, fictitious name or assumed name. The filing of a CDI does not change the name of a company. Sole proprietors in California are not required to register at the state level. However, you must file a fictitious company name declaration at the county level. If you have multiple product lines in your company that also have unique names, you can also file them.

For example, Ford is a brand of Ford Motor Company, which also has brands for vehicle lines such as the F-150, Mustang, Ranger and Explorer. A limited liability company (LLC) is a business structure classification in the United States that describes a limited liability company. It is usually issued by the state in which the company operates, although you can obtain an LLC from any state. An LLC registration usually takes less than a day, while a trademark takes an average of three months. When you register a trademark, it covers only one classification. Any additional classification must be noted in the application and is subject to an additional fee. There are 45 classes that need to be considered. For example, if your company makes vehicles, you want a Class 12 mark. If you also want to sell clothing with the same company`s name, you`ll also need a Class 25 brand. Think carefully about how you will use the name to determine under which class(es) you should enter it.

TESS facilitates searching the federal trademark database in several ways. You can use the “Basic Word Mark Search” to search for names, words and phrases that have received a federal trademark. State laws prohibit a company from using a name already used by another company. So part of choosing a name is checking state records to make sure another company isn`t already using the name they want. Now that you know that your business name is unique and what you want to do, you can do the following: However, there are advantages to filing a name reservation, such as if you find a unique name for your business but don`t want to form your LLC or company right away. To register a company name, first verify that your name is unique by performing a business entity name search, a domain name search, and a federal trademark search. After that, depending on your company`s needs, you can reserve a name, form an LLC or company with it, file a DBA, or file a change to your company`s legal name. The cost of registering a fictitious business name varies by county. For example, it now costs $53 to file the return in San Francisco County. It costs only $26 in Los Angeles County.

Partnerships, LLCs, and corporations must register their businesses at the state level. What if the business owner wants to operate under a name other than their own? He must also file an additional shell company name declaration at the district level. This is a Doing Business As (DBA) statement. A trade name is used instead of the official company name. This is often indicated on documents with the phrase “doing business as” (DBA). It is used when the company name is considered too long or when the desired name was too close to a name that already had a trademark or service mark. (Note that a trade name does not indicate the legally responsible body behind the service or product.) Registering your business name means that your state or local government registers it so that no one else can use it. It can also make it easier for customers to find your business. Depending on the type of business structure, you may be able to add your business name to your business registration application. In other cases, you need to register it separately. Do you want to contribute to the fifth largest economy in the world? Consider starting a business in the Golden State. But to hang your shingles in California, you must first register your company name.

Instead of starting a business or LLC, let`s say Robert takes Laura Deever as a partner. Your partnership may register “Sunrise Properties” as your adopted name. Or, for another example, they could combine their last names and register “Han-Dee Properties.” Registration of a company name is usually done at the state level and does not provide federal protection. If you only offer services or products in this state, there is no reason to register for a trademark. However, if you offer goods and services in multiple states and want to protect your business name through the federal government, you will need to register a trademark.