What are the procedures for registering your business name?

By The Law Office of Yoel Molina.
 
Your company's name is one of its most valuable assets. You'll want to safeguard your name in any manner you can once you've worked hard to choose it and ensure that it's accessible for usage. This includes adhering to local and state rules that determine when you must register a false (or assumed) company name. It also entails filing for trademark protection at the state and federal levels, if necessary.
 
Getting a Corporation, LLC, or Limited Partnership Name Registered:

In most states, when you submit your articles of incorporation, articles of organization, or statement of limited partnership with your state filing office, you instantly register your business name. This assures that no other corporation, limited liability company, or limited partnership in your state may use the same name.
Even though your official business name is automatically registered, you must file an assumed name certificate or fictitious name statement if you want to sell items or services under a different name. If you wish to use your LLC name this is also necessary.
 
Creating a Fictitious Business Name (DBA):

Businesses must adhere to the criteria for fake business names, also known as doing business as (DBA), if they don't use their legal name, which is the title under which the person or entity that owns the firm is known. This entails registering the name with a government organization, typically the county clerk's office but occasionally the state.
 
Why it is important to register your fake business name?

For a few reasons, states like to keep track of bogus company names. One goal is to avoid consumer confusion caused by two nearby firms with the same name. Giving customers a simple way to learn who owns a business without having to pay a private investigator is another justification. This makes it simple for clients to complain to proprietors or file a lawsuit against them.

The biggest practical reason not to ignore this rule is that many banks won't open an account in your business name unless you can show documentation that the name has been correctly registered. Even more crucially, you won't be able to enforce any agreements you make in the name. Last but not least, by not registering your fictional name, you are not alerting other companies that it is already in use. If a rival company doesn't learn that you're already using the name, it might claim it as its own and possibly steal some of your customers.
 
What do you need to do to register your fake business name?

In a few states, you can register your fictitious company name with the Secretary of State or another state office, but in the majority of them, you register it at the county level. As a result, different registration paperwork and costs can be needed in various counties around your state. It is recommended to give the county clerk's office a call if you want to find out more about their procedures, fees, and policies.

Though procedures may vary, registering a fictitious business name is often straightforward. To be sure that the name you want to register isn't already in use, several states require you to first check the county or state fictitious name database. You might need to publish your fictitious name in a newspaper in accordance with the legal requirements of your state before submitting an affidavit—also known as a proof of publication—to the county clerk or relevant state office to demonstrate that you've done so. If this filing is needed in your state, the local newspaper should be able to assist you.
 
Adding your company name to the Trademark Register:
​
It's a smart idea to register your name as a trademark if your company is anything other than a tiny, neighborhood service business. Although it is not needed by law, trademark registration can offer strong protection in the event that another company later seeks to use your business name or one that is confusingly similar to it.
By filing for trademark protection in your state, you may assist prevent other businesses from going by names that could be mistaken for your company's. However, it is advisable to file an application for federal trademark protection as well if you intend to promote your good or service outside of your home state, as well as across national or international borders. By registering your company name with the U.S. Patent and Trademark Office, you may notify the rest of the nation that the name is already used and make it simpler to protect your name from infringement claims.
 

If you have any questions about this article or similar matters please contact our office, Law Office of Yoel Molina, P.A., at fd@molawoffice.com or at 305-548-5020, option 1