Business Registry for Your Business Name
As a new business owner, you are going to find that you have to register your business name with your state and local government, and sometimes the federal government as well. Without a proper business registry for your business’s name, particularly if the name is not your personal legal name, you could quickly run into trouble. Also, failing to properly register and then protect your name could lead to someone else taking it, or could lead to you inadvertently using a name already protected by someone else. Here are some of the ways you will want to protect and register your name.
Business Structures and Registration
When you register your business as an LLC, limited partnership, or corporation, chances are that the name registration is part of this process. When you file the articles of incorporation or a similar organization document with the state office, you are ensuring that the legal business name you have chosen cannot be taken by someone else. The state will inform you if the name is already being used. You may have to register with the city clerk if you are an LLC. This is the first step in properly registering your business name.
If you are operating as a sole proprietorship, then your legal business name is your legal personal name. However, if you want to use a fictitious name, such as the name for a store, then you will need a special type of business registry called a fictitious business name statement. If you are a partnership and wish to operate under a name other than the last name of all of the partners, you will need to file an assumed name certificate. Your state Department of Labor or similar office will help with this.
Business Names and Trademarks
Another way outside of registering your name that you can protect your business name is to trademark it. Trademark protection ensures that the name you worked hard to create remains yours and is not used by everyone else. You can get a trademark on the state or regional level or on the federal level.
Federal trademarks are very difficult to obtain. If you know your business is going to operate in primarily a local market, then you might want to look into state trademarks instead, which are simpler. If you are successful in getting a trademark, you will be able to stop your competitors from using your name in their marketing endeavors. This is important protection, and it lasts indefinitely, making the effort of applying for a trademark well worth the time and expense.