How to register a trade name

Starting a small business is not easy. It requires a lot of planning and paperwork. The good news is, once you've chosen your product or service and decided on a business name, you're ready to make it official. Registering your business name and obtaining the necessary licenses for your business is a big step in starting a new business.

Among other things, registering your business makes it known to the public that you are an individual doing business under your business name. In addition to getting your name out there, you can also prevent competitors from using your business name.

Let's take a look at what you need to know to register your business name.

How to check business name availability

You've come up with a perfect name for your new business. Now make sure it's all yours. First, double-check that your business name isn't being used by another business. Check with your state's Secretary of State's office and the United States Patent and Trademark Office (USPTO) to find out whether the name you choose has already been filed.

• If the business name you choose is already in use, but no other business is registered in the state and has not trademarked the name, you can still use it.
• If the name you had in mind is already trademarked or in use within your state, you'll need to go back to the drawing board and choose a new name.

You can also do a Google search for your business name of choice and see what results you get. This will tell you what results customers are likely to get when they search for your business after your website is live, which will inform your future marketing strategies.

It can also give you insight into your competitors and reveal whether the domain name you have in mind is already owned. You can search for domain name registrations on ICANN to see if your desired domain is available.

How to register a trade name

There are several steps to registering a business name. Once you've verified that the name you choose isn't trademarked or already registered in your state, you're ready to get started. Next on your to-do list is to register your business entity with your state and possibly apply for a DBA (doing business as) or complete a trademark application to protect your business name.

Formation of a new business entity

When choosing a type of business corporation, consider not only the ownership structure you plan (will you run the company alone or with one or two partners?) but also the ownership structure of each type. Also consider the tax advantages and disadvantages of debt. Options include limited liability companies (LLCs), partnerships, sole proprietorships, and corporations.

Check out the pros and cons of each business entity type and choose the one that's best for your business. Once you have selected your business entity type, forming a business entity is easy. Simply register your business entity with the Secretary of State and pay the required filing fee.

related: Want to know how much it costs to form an LLC? Our guide breaks down costs by state.

Applying for a DBA

A “business name”, commonly referred to as a DBA, is a fictitious trade name or business name for your business. If you are registering your business as a sole proprietorship (not “creating a separate entity”), your DBA may choose a public name for your business rather than registering as a legal entity or using a personal name. I allow it. Your public branding. The Small and Medium Enterprise Agency says: “A DBA allows you to conduct business under an identity that is different from your personal name or legal business name.”

To apply for a DBA, you must complete documentation and pay an application fee. Filing requirements vary by state, so contact both your local government agency and your state's Secretary of State's office for more information about the DBA process in your area. You may only be able to file with your local government agency, or you may also need to make a secondary filing with the state.

Please note that filing for a DBA does not provide legal protection for your business name. To ensure that you have legal rights to your business name, you need to obtain a trademark.

Obtaining a trademark or trade name

A trademark protects your business's name on a national level and prevents anyone else in a similar industry from doing business using your business's name. You can view existing trademarked business names and begin the trademark application process on the USPTO website.

To complete a trademark application, please include your name and address as the trademark owner, the name you want to register the trademark for, a list of the products or services your business provides, and any information you plan to use or have already used the trademark. I need information about what's going on. your business name.

After submission, it may take some time for the review process to complete. If we find any problems with your application, you will receive a letter asking for clarification, which you must respond to within six months. If you miss the response period, your application will be rejected, so please provide additional details as soon as possible.

If your application is approved, your trademark will be published in the USPTO's Federal Register, giving other companies an opportunity to object to your trademark before it becomes official.

Where should I register my business?

Depending on the type of business and legal entity you choose, you may need to complete application or registration tasks at both the state and federal level.

federal business registration

Business registration at the federal level is only required in a few cases, such as obtaining nonprofit tax-exempt status, for trademark protection, or when forming an S corp.

However, even if federal registration is not required, you may need to apply to obtain a federal tax ID number. A federal tax ID, also known as an employer identification number (EIN), functions like a social security number for a business. An EIN allows the government to track the taxes you owe each year, making it easier to pay your taxes each year. You will need an EIN if you plan to pay employees, operate as a partnership or corporation, or meet certain other business criteria. You may also need it to open a business bank account or apply for a business credit card.

The Small Business Administration (SBA) website provides details for businesses that need to apply for a federal tax identification number.

Please note that you must register your business name with your state or local agency before applying for a federal tax identification number.

national business registration

Registration at the state level is often required. If you have a physical presence in the state, if you plan to hire employees or meet with customers in the state, or if a significant portion of your revenue is derived from in-state sources, please contact the Secretary of State in your location. You need to register your business. .

State registration is also required to form many types of businesses, including LLCs, partnerships, corporations, and nonprofit organizations.

Before you start registering with your state, make sure you know all your business details. The name and location of your business, as well as information about any owners or partners you work with in your business. The SBA provides detailed information on state documents and required fees based on the state you are in and the type of business you are registering.

related: Best states to form an LLC in 2024

local business registration

At the local level, contact your local city hall for licensing requirements. These vary greatly depending on your location and the type of business you plan to conduct.

“Licensing requirements for local businesses can vary widely from city to city. Be sure to contact city or county officials directly to discuss your business plan and ensure you have completed all necessary licensing steps.” says Quincy Kubert, Licensing Supervisor for the City of Springfield, Missouri.

The Secretary of State can provide contact information for local government agencies, or you can search for more information at your county or city government agency. You can also search by state on CityApplications.com to get more information about local business license requirements near you.

How to change your business name

If you want to change a business name that was previously registered with state and federal agencies, you must complete several steps. Not only can you complete the administrative aspects of a business name change, but you can also take advantage of the business opportunities it presents.

“Regardless of your reason for changing your business name, think of it as a great opportunity to refresh core elements of your marketing,” says Carly Pearson, senior marketing lecturer at Missouri State University. “To distinguish your business from competitors, clarify what your business offers and who it serves, or correct problems with your previous name. , please choose a new name.”

To avoid any disagreements about the change in the future, we recommend that you first obtain written consent for the name change from all owners or partners in your business. Once everyone agrees to the change, you're ready to notify government agencies of your updated business name.

1. Notify the Secretary of State. You may need to file an amendment and pay a filing fee to change your business name.
2. Please notify the IRS. The name change box on the form allows you to quickly notify the IRS of your name change when you file your current year's tax return. Changing your company name generally does not require a new federal tax ID. Outside of tax season, you can notify him of your name change by writing a letter to his IRS at the address where you filed your return.
3. Update business documents. Amend documents such as operating agreements, partnership agreements, articles of incorporation and organization.

Once you've completed all of the steps to change your business name through a government agency, be sure to take the time to update your business name on all bank accounts, social media sites, and websites. Make sure they are aware of the changes by contacting customers and vendors individually or issuing a press release.