Who Do You Register A Business Name With

Forming sure business concern entities, filing an assumed name, or registering a trademark can afford you business name protection.

Afterwards choosing a business proper noun for your new company, y'all will want to register it to prevent others from using it. There are several ways to reach this.

Determining the best fashion to annals a business name will have into consideration several factors, such as the business structure, the geographical area in which the company will operate, and the extent of protection needed.

How to Register a Business Name

The iii ways a business may register a name are:

Form a business entity, such as a corporation or limited liability company (LLC).
Register the business proper noun every bit an assumed proper name or DBA ("doing business organization as").
Annals the business proper name as a federal trademark.

Not all businesses tin use all 3 of these methods, and some may utilize more one.

The choices may vary depending upon whether the business is structured as a sole proprietorship, some form of partnership, an LLC, or a corporation.

To illustrate the possibilities, we volition explore the various options of a fictional business. In our example, Robert Hansen opens a residential home rental concern afterward buying 1 house for this purpose. He begins by operating equally a sole proprietorship and uses the name "Robert Hansen, Property Rentals" for the business. In time, Robert acquires more than backdrop and decides he wants a new name for his concern.

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Forming a Business Entity

One option for Robert is to create a corporation or an LLC. To do and so, he must file certain registration documents with the appropriate state agency. This requires the business organization to choose its legal name.

Country laws prohibit a company from using a name that is already beingness used by another company. So, part of selecting a name involves checking the state's records to be sure another company is not already using the desired proper noun.

Robert wants to employ the proper name "Sunrise Properties" and determines that name is bachelor. He might file articles of incorporation under the name "Sunrise Properties, Inc." Or, he might file manufactures of system nether the name "Sunrise Properties, LLC." This would prevent other companies from using the name "Sunrise Properties" in his state.

Creating a corporation or LLC just provides protection in the state of registration. If Robert decides to expand into some other state, he may be able to annals his corporation in the new country, providing the name is non already registered in that location.

Registering an Assumed Name

Whatever sole proprietorship, partnership, corporation, or LLC that does concern nether a proper noun other than its own, must register the other name as an causeless name.

This is oft done with a county agency, but may exist with a state bureau in some states. This is called a fictitious name in some locations and is also commonly referred to as a "doing business every bit" or "dba" name.

If Robert wants to continue operating equally a sole proprietorship, he may be able to annals the name "Sunrise Properties" as an assumed name. Robert could and then use the name "Sunrise Properties."

Anyone checking the official records would be able to see that his business organization is really "Robert Hansen dba Sunrise Backdrop."

Assumed name registration is not limited to sole proprietorships. Let's suppose Robert forms Sunrise Properties, Inc., and decides to outset a yard maintenance concern that uses a different name. In this instance, Sunrise Properties, Inc., might register "Sunrise Lawn Services" every bit an causeless proper noun. This would then exist "Sunrise Properties, Inc., dba Sunrise Backyard Services."

Instead of forming a corporation or LLC, let'southward suppose Robert takes on Laura Deever as his partner. Their partnership might register "Sunrise Properties" as their assumed name. Or, for another example, they might combine their surnames and register "Han-Dee Properties."

Causeless name registration normally just protects the proper noun in the county where it is registered. If the business organisation plans to operate in more than than one canton, registration would be required in each canton.

Trademark and Trade Proper noun Registration

Trademark, trade name, or service marker protection may be available on a statewide basis. The requirements for registration vary from land-to-state. Such registration must be done in each state where the business operates.

A more complex, and usually more expensive, way of registering a business proper name is by registering the name as a trademark with the United States Patent and Trademark Office.

This provides nationwide protection of a business organization name. Federal trademark registration requires a search to be certain a similar proper noun hasn't already been trademarked, and there are detailed requirements and limitations relating to the power to trademark a business proper noun.

Determining the all-time manner, or ways, to protect your business organization name will take into account the way you make up one's mind to construction your visitor, the type of appurtenances or services you lot offer, and the geographical range of your business operations.

For many minor companies operating in only 1 state, organizing equally a corporation or LLC may provide sufficient protection.