Where Do I Go To Register My Business Name
Forming certain business entities, filing an causeless proper noun, or registering a trademark tin afford yous business proper noun protection.
After choosing a business proper noun for your new company, you will want to register it to prevent others from using it. There are several means to attain this.
Determining the best fashion to register a business name volition take into consideration several factors, such as the business construction, the geographical area in which the company will operate, and the extent of protection needed.
How to Register a Business organisation Name
The three ways a business may annals a proper noun are:
- Form a concern entity, such as a corporation or express liability company (LLC).
- Register the business proper name as an assumed name or DBA ("doing business every bit").
- Register the business name equally a federal trademark.
Not all businesses tin use all three of these methods, and some may apply more than ane.
The choices may vary depending upon whether the business organisation is structured every bit a sole proprietorship, some course of partnership, an LLC, or a corporation.
To illustrate the possibilities, nosotros will explore the various options of a fictional business. In our example, Robert Hansen opens a residential dwelling rental business organization after buying i firm for this purpose. He begins by operating as a sole proprietorship and uses the name "Robert Hansen, Belongings Rentals" for the business. In time, Robert acquires more properties and decides he wants a new name for his business.
Forming a Business Entity
1 pick for Robert is to create a corporation or an LLC. To do so, he must file certain registration documents with the appropriate state agency. This requires the business to choose its legal name.
Country laws prohibit a company from using a name that is already being used past some other company. Then, part of selecting a proper name involves checking the state's records to be sure another visitor is non already using the desired name.
Robert wants to utilize the name "Sunrise Properties" and determines that name is available. He might file articles of incorporation under the name "Sunrise Properties, Inc." Or, he might file articles of organization under the name "Sunrise Properties, LLC." This would prevent other companies from using the name "Sunrise Properties" in his state.
Creating a corporation or LLC but provides protection in the state of registration. If Robert decides to expand into another state, he may be able to register his corporation in the new land, providing the name is not already registered at that place.
Registering an Assumed Proper noun
Any sole proprietorship, partnership, corporation, or LLC that does business organisation under a name other than its own, must register the other name as an assumed name.
This is ofttimes done with a county agency, but may be with a country agency in some states. This is called a fictitious proper name in some locations and is also ordinarily referred to as a "doing business equally" or "dba" name.
If Robert wants to continue operating as a sole proprietorship, he may be able to register the name "Sunrise Backdrop" every bit an causeless proper noun. Robert could and so use the name "Sunrise Properties."
Anyone checking the official records would exist able to meet that his business is actually "Robert Hansen dba Sunrise Backdrop."
Assumed name registration is not express to sole proprietorships. Let's suppose Robert forms Sunrise Backdrop, Inc., and decides to commencement a yard maintenance business that uses a unlike name. In this case, Sunrise Backdrop, Inc., might annals "Sunrise Lawn Services" as an assumed proper name. This would so be "Sunrise Properties, Inc., dba Sunrise Backyard Services."
Instead of forming a corporation or LLC, allow'south suppose Robert takes on Laura Deever as his partner. Their partnership might annals "Sunrise Properties" as their assumed proper name. Or, for another case, they might combine their surnames and annals "Han-Dee Properties."
Assumed name registration ordinarily merely protects the name in the county where it is registered. If the business plans to operate in more than i county, registration would exist required in each county.
Trademark and Trade Name Registration
Trademark, trade name, or service marker protection may be available on a statewide basis. The requirements for registration vary from state-to-land. Such registration must be done in each state where the business operates.
A more complex, and usually more expensive, way of registering a business organisation proper name is past registering the proper noun as a trademark with the U.s. Patent and Trademark Office.
This provides nationwide protection of a business organization name. Federal trademark registration requires a search to be sure a similar proper noun hasn't already been trademarked, and there are detailed requirements and limitations relating to the power to trademark a business name.
Determining the best way, or ways, to protect your business organization name will take into account the manner you decide to structure your company, the type of goods or services yous offer, and the geographical range of your business concern operations.
For many small companies operating in only one state, organizing every bit a corporation or LLC may provide sufficient protection.
Source: https://www.legalzoom.com/articles/3-ways-to-register-a-business-name
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