Starting a new business may be a daunting task considering all of the planning and legal preparations that must be taken. A business name must be registered in order to do business under the supposed business name. By default, the legal name of a business is the name of the person or entity whom owns the business.
A fictitious name, or “doing business as,” is a name that is different than registering user, the name of any partners or the name of your corporation or LLC. Each state handles registrations differently. Some states require you to register the business name with the state government, others require registration with the county clerk’s office and with others, there is no law requiring registration of a business name.
Research the Business Name
Research the desired business name and logo to determine whether it has been registered. Conduct a search using your local county clerk’s office or the U.S Patent and Trademark Office. Both websites will be able to show whether a desired name and logo is currently registered or available. If the business name or logo is already taken, brainstorm a new idea and conduct a new search to determine availability. This is a very important step to ensure time and money are not wasted when trying to register a name and logo that already exists.
Register the Trademark
Register the business name and logo with the U.S Patent and Trademark Office. The trademark protects the name and logo from being used. The trademark also notifies others that legal rights have been obtained to the name and logo markings. A trademark may be filed by the registrant or by an attorney that specializes in trademark law.
While a trademark is pending, the "TM" symbol may be used to let others know the trademark is a unique and protected entity of the company. Once the trademark has been successfully registered, a "R" symbol may be placed next to the mark to signify the mark is legally registered. It is illegal to use the "R" symbol with a trademark until the logo has been legally registered with the state or US government.
Register the Business Name
Register the business name with the local state registrant. When business name is registered, the fictitious name known as “doing business as" must also be registered. Please refer to the List of Business Name Registrants by State (see Resources) for specific instructions and contact information for your state. State registrants include both city or county clerk’s offices and state agencies.
Begin doing business once all legal protection has been obtained and the business name and logo have been registered.
Diana Braun - I am a freelance writer with 4+ years of writing experience focusing on technology. I am well versed in the information technology ...
