Why you should register the name of your business

When you register a business name, the government adds it to a local or state registry. Creating a public record of the name notifies other entrepreneurs it’s taken. It may also provide legal protection for your brand in case another business in your state tries to use a similar name. Your business name identifies your company and sets you apart from your competitors.

How do I register a business name?

There are typically three options for the registration of business names:

• Registering a legal entity name

• Trademarking your business name

• Filing for a doing business as (DBA)

You may register your business name when applying for your business license, but some municipalities have 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.

Registering an entity name

When you register a new business, you create a separate legal entity with its own name. The state uses this name to identify your business as an independent body for taxes and other purposes.

If you plan to start a limited partnership, limited liability company (LLC) or corporation, you may not need to register the name separately. The state filing office should automatically register your business entity name when you file your statement of limited partnership, articles of organization or articles of incorporation.

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 “Noah’s Donuts” and a coffee product called “Noah’s Brew,” trademarking both names can prevent other food and beverage businesses from using similar names.

A federal trademark helps protect your business name throughout the United States. Registering your business name with the United States Patent and Trademark Office (USPTO) may allow you to defend your trademark ownership across state lines if someone else infringes on the mark. If you only plan to do business in one state, it may also be possible to get a state-level trademark.

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. Also referred to as a “trade name,” “fictitious business name” or “assumed name,” a DBA gives you more freedom over what you call your business.

Both individuals and businesses can register DBAs. For example, if your name is Samantha James, and you decide to do business as “Samantha James,” there’s usually no need to register a DBA. However, if you plan to do business as “Happy Heart Smoothies,” you may need to register a DBA. If Noah’s Donuts starts selling burgers, the owner can register a DBA under the existing trademark rather than registering a new name.

Requirements for a DBA likely 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, ensure the name you want is available and unique. This may be especially important if you plan to file a DBA or create a formal business entity, such as an LLC or corporation.

You can use a few different strategies to conduct a name search:

Start with the Secretary of State website

Most states have an entity name search tool on the Secretary of State website. You can search this database for similar names to learn whether the one you want is available.

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 selected business name.

Check Google and social media sites

Search Google and social media sites to find other businesses with similar names. Not all companies follow the process for the official registration of business names. A general search may help you find them and avoid duplicate names.

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 Fiesta Burger might reserve www.fiestaburger.com.

Because an internet presence is essential for most modern companies, you may want to check the domain availability before finalizing and registering a business name. This process ensures you have a unique URL that helps customers find your company online.

Domain names are registered by the Internet Corporation for Assigned Names and Numbers (ICANN) and accredited registrars such as GoDaddy or NameCheap. Because the registration process is centralized, domain names are different from trademarks and business names, but it’s still important to avoid domain name ideas 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. However, other people can buy the .org, .net and .biz versions of your domain to start a business website. Consider reserving these URLs to protect your brand and reduce confusion. You can simply redirect them to your main website.

FAQs about the registration of business names

What questions should I ask when registering my business name?

As you search for a name for your business, consider these questions:

• Is the business name available?

• Will your proposed business name qualify for trademark protection?

• If you make a website for your business, is a similar domain name available?

• If you plan to start a limited partnership, LLC or corporation, have you complied with state regulations for naming your business?

Even if you understand how to register your business name, asking the right questions can help the process efficiently.

What is the legal name of my business?

If you’re the sole owner of your business, its legal name is your full legal name. If your business is organized as a general partnership, its legal name is the name indicated in your partnership agreement. If your business is registered as a corporation, LLC or limited partnership, its legal name is the name registered with your state filing office.