How to Register a Business Name

Choosing and registering a name for your business is a big deal, as the name will help to identify your brand and set your company apart from others. There are some legal considerations to think about, however, so let me walk you through the process I recommend for selecting a business name and getting it registered.

An important note is that not all businesses need to register a name. If your business is set up as a Sole Proprietorship or General Partnership using the owners’ legal names, you don’t need to register the business at all. If you plan to operate a Limited Liability Company (LLC) Corporation, or Limited Partnership, however, you’ll need to register the business at the state level.

Step One: Choose the Name that Best Suits Your Business

The best business names are simple, descriptive, and stand out in a crowded marketplace. Think carefully about what name might best suit your business and brainstorm your ideas with others. Look up some other businesses in your industry to see what names they use or consult a business name generator to help you generate some ideas.

You’ll want to come up with about a dozen names and then narrow your list, remembering that some of the names may not be legally available. Once you’ve generated some names you like, sit with them for a few days to let them sink in. It’s easy to come up with a name you think is clever and fun, only to realize later that it’s silly.

When reviewing potential business names, keep these questions in mind:

• Does the name have emotional appeal for your target audience? You’ll need a thorough understanding of the wants and needs of potential customers to choose a name that will connect with them.
• Does it contain any inappropriate connotations or meanings, either in English or when translated into a different language?
• Is it a name that will suit the business as it grows? A homespun, folksy name might be fine for a mom-and-pop shop, but not for a company that’s expanding its product offerings or growing its footprint. Remember that Walton’s 5&10 is now Walmart, and Dayton Dry Goods Company is Target.
• Is it short and memorable? These are important factors in branding your company and having its name stand out in the minds of potential customers. Think about iconic business names like Nike, Coke, Lego, Apple, or Dove.
• Does the name describe what your business does? Customers tend to gloss over generic names, so consider adding a qualifier that lets them know what you’re up to. Speedy Electronics, for instance, is better than Speedy, or Lila’s Salon better than simply Lila’s.

Step Two: Find Out if the Name is Available

Once you’ve narrowed down your list of names, you should check to see if any of them are already registered in your state. Rules for registering a name vary from state to state, but in nearly every case a state won’t allow two businesses operating within it to have the same name.

You can check by doing a quick Internet search or using CorpNet’s free Corporate Name Search tool to see if the name you want is available. If it’s already in use by a company in a different state, you may still be able to claim it in your state. Remember, though, if you want to expand your business the name could already be in use in a state where you want to operate. If the name you choose is already branded worldwide, there is a case for infringement if another business tries to use it.

If a name you’ve chosen is very similar to that of another business, it’s best to avoid using it. In addition to being confusing for potential customers, it could open you up to legal challenges from the other business. Mensa, the high-IQ society, recently sued a pharmaceutical company that marketed services under the name ADMENSA, claiming the name was too similar.

If your business will have an Internet presence, searching a domain name should be part of your naming process. Domain name sellers like GoDaddy.com offer a quick search search on .com, .net, .biz, and other domain extensions. You’ll also be able to get information about the registered owner and see what domain names are for sale.

If the business name you want is available but you’re not quite ready to launch, most states enable you to pay a fee to reserve the name for between 30 and 90 days, sometimes with the opportunity for renewal.

 Step Three: Register Your Business Name

Once you’ve confirmed the name you want for your business is available, you should get it registered quickly to prevent someone else from claiming it. If your business is required to register with the state, you’ll include the name you’ve chosen with your registration paperwork. Once you’ve registered the business as an LLC, Corporation, or Limited Partnership, the name you’ve chosen belongs to your company and cannot be claimed by another business in your state.

If you’ll be operating as a Sole Proprietorship or General Partnership – business structures that are not required to register with the state – you’ll still need to register the name of the business if it’s different from your legal name. To do so, you’ll need to file a DBA, or doing business as, with a state or county office, depending on where you live and what’s required.

You’ll also need a DBA if you plan to conduct business under a name that’s different from the one you submitted to the state with your business registration paperwork. If you registered your business as Michael Jones’ Fine Confectionary, LLC, for instance, but plan to do business as Mike’s Fine Confectionary, you’ll have to register a DBA. Check to see what agency you need to register with and make sure to submit the required fees with your application. And remember that you’ll need to renew your DBA periodically, normally every one to three years.

Step Four: Consider Trademark and Branding

Once you’ve registered your business name, you may want to consider obtaining a trademark to protect it on a wider basis. Registering the name as a trademark with the United States Patent and Trademark office (USPTO) prevents competitors across the country from using the same name or one that’s similar and could cause confusion among customers and potential customers.

Trademarks and brand names have value and can be sold as corporate assets. While it’s possible to have a trademark without registering it with the USPTO, completing that registration provides better assurance that your name and brand cannot be duplicated. You can find a search feature on the USPTO website to help you avoid duplication and prevent you from inadvertently infringing on another company’s registered name.

Step Five: Maintain Filing Compliance

While you normally do not need to renew or re-register the business name that was included with the registration paperwork you filed with the state, you’ll need to comply with your state’s requirements for renewing your business by filing an annual report or other document to remain in good standing. And if your business name changes, you’ll need to inform the state.

Rules for business renewals and name changes vary from state to state and be sure you also check on any local requirements that might apply. If you’re confused about registering your business name or keeping your business in compliance, consider seeking professional assistance.

Keep Learning With These Helpful Articles

• Ten Tips for Creating a Business Name
• Business Name Restrictions: What to Know Before Registering Your Business
• Should My LLC Be My Name?
• Do I Need a DBA If I Use My Own Name?
• Can Your LLC Have the Same Name as One in a Different State?
• How to Perform a Business Name Search for Any State in the US
• How to Find Out if Your Preferred Business Name Is Already Taken
• How to Protect a Business Name
• What Is an Assumed Business Name?
• What Is a Fictitious Name?
• How to Choose and Legally Use Your Business Name
• Registered Business Name vs. Trademark