Why should you register the name of your business?

When you register a business name, it’s added to a local or state database, creating a public record that demonstrates the name is already in use. This process can include registering a legal entity name, filing a “doing business as” (DBA) name or reserving a name with a state agency, depending on jurisdiction and circumstances.

A registered business name typically identifies your company for licensing, tax and operational purposes. It may not provide broader ownership rights beyond the state registration system.

A trademark protects a brand name, logo or slogan used in commerce to identify the source of goods or services. Federal trademark registration generally provides stronger legal protection and can offer broader nationwide rights for use of the mark in connection with particular goods or services.

For example, a business name helps establish your company’s identity within a state’s records, while a trademark helps protect how your brand is used in the marketplace. Many businesses start with a name registration and later consider pursuing trademark protection as they grow or enter new markets.

“Registering your business name is a milestone worth celebrating. But first, make sure the name is available and take appropriate legal steps to protect your brand from day one.”

—Daniel Smith, J.D.

How to register a business name

Common options for registering a business name include registering a legal entity name, pursuing trademark protection or filing a doing business as (DBA) statement. The appropriate choice depends on your goals and local rules. 

You can often register your business name when applying for a business license, though some municipalities require a separate application. Depending on the state, you may be able to reserve your business name as you prepare to register your company as a legal entity.

For example, a business owner might form an LLC under the legal name “Wavewood Consulting Group LLC,” operate publicly under a DBA such as “Wavewood HR Solutions,” and later apply for a federal trademark as “Wavewood HR Solutions” to protect the brand name as the company expands into new markets.

Registering an entity name

Registering certain business types, such as a limited liability company (LLC) or corporation, typically creates a separate legal entity, which commonly enables the company to own property, enter into contracts, incur liabilities and pay taxes under its own name.

The state uses your registered business name to recognize your company for legal and tax purposes. Registration creates a public record of your business name. If you plan to form a limited partnership, LLC or corporation, you might not need a separate name registration in some states, but requirements vary by jurisdiction.

Registering a sole proprietorship or filing a DBA usually does not create a separate legal entity. In many cases, the owner and the business are treated as a single entity for legal and tax purposes, though rules vary.

Several states may still require a separate “doing business as” (DBA) registration if you plan to operate under a name that differs from your entity’s legal name. Always check your state’s specific business name registration requirements for complete information.

While registration offers some level of brand protection, trademarking provides stronger protection for your intellectual property.

Trademarking your business name

A trademark is a word, phrase, design or symbol that identifies and distinguishes the source of your products from those of other companies. For example, if you have a dessert company called “Chuck’s Donuts” and a coffee product called “Chuck’s Brew,” trademarking both names can prevent other food and beverage businesses from using similar names.

A federal trademark can provide nationwide protection in the United States. Registering with the United States Patent and Trademark Office (USPTO) may make it easier to enforce rights across state lines if infringement occurs. If you primarily operate in one state, state-level trademark registration may be an option in some jurisdictions.

Filing for a DBA

You can apply for a DBA name if you decide to go into business under a name different from that of your legal entity. A DBA, also referred to as a “trade name,” “fictitious business name,” or “assumed name,” allows you to operate under a different name, but it does not grant exclusive rights or prevent others from using a similar name.

Both individuals and businesses can register DBAs. For example, if your name is Chuck Ferris and you operate under “Chuck Ferris,” there is usually no need to register a DBA. However, if you plan to do business under the name “Chuck’s Cookies,” you may be required to register a DBA.

Similarly, if Chuck’s Donuts expands into new products, the owner may continue using the same business name or file a DBA for branding purposes, but trademark protection may require updating or filing new applications covering the additional goods or services. Requirements for a DBA depend on your business structure, state, municipality and county. Check with your local government office for specific instructions.

Conducting a name search

Before registering a business name, it’s important to verify that the name you want is available and unique. This may be particularly relevant if you plan to file a DBA or create a formal business entity, such as an LLC or corporation.

Conducting can help reduce the risk of infringing on existing trademarks, which could expose you to legal challenges and force a costly rebranding. A search of the U.S. Patent and Trademark Office (USPTO) database and your state’s business registry can help confirm that your desired name isn’t already in use.

These are strategies you can use to conduct a name search:

Start with the Secretary of State website

Most states offer a free online “Business Entity Search” tool to check name availability and registration status. You can search this database for similar names to learn whether the name you are looking for is available. Depending on the state, the search results may also include details such as the business’s registered address, current status and the state where it was initially incorporated or formed.

This information can help you avoid confusion with similarly named entities and confirm whether a name is already in use.

Search the trademark electronic search system

The trademark search system is available through the USPTO. This tool helps you determine whether someone has already registered a trademark similar to your desired business name.

Check search engines and social media sites

Search online using search engines and social media sites to find other businesses with similar names. As not all companies follow the official process for registering business names, a general search may help you find them and avoid using an identical name.

Registering a domain name

Consider registering a domain name for your new company. Business URLs typically include the company name. For example, a company called Wavewood Company might reserve the domain name www.wavewoodcompany.com. Since an internet presence is essential for most modern companies, check the domain availability before finalizing and registering a business name.

If you’ve trademarked your business name and later discover that someone else is using it as a domain, you may have grounds to take legal action for trademark infringement or pursue a domain dispute through the Internet Corporation for Assigned Names and Numbers (ICANN)’s Uniform Domain-Name Dispute-Resolution Policy (UDRP).

You can register domain names through ICANN-accredited registrars. It’s important to avoid domain names that infringe on another company’s trademark.

Once you register your domain name, no one else can use it as long as you renew it regularly. Others may be able to buy the .org, .net and .biz versions of your domain to start a business website. Consider reserving additional URLs to protect your brand and reduce confusion. Additional domain names can be redirected to your main website.

This article is based on information available at the time of writing, which may change at any time. Indeed does not guarantee that this information is always up-to-date. Please seek out a local resource for the latest on this topic.