Can You Use A Business Name Without Registering It

Forming certain business entities, filing an assumed proper name, or registering a trademark can beget you business organisation name protection.

After choosing a business proper name for your new company, y'all will want to register it to preclude others from using it. There are several ways to accomplish this.

Determining the all-time way to register a business name will take into consideration several factors, such as the business structure, the geographical expanse in which the company will operate, and the extent of protection needed.

How to Register a Business concern Proper name

The three ways a business may register a proper noun are:

Form a business organisation entity, such as a corporation or express liability visitor (LLC).
Register the business proper noun as an causeless proper name or DBA ("doing business organization every bit").
Register the business concern name as a federal trademark.

Not all businesses can use all three of these methods, and some may apply more than one.

The choices may vary depending upon whether the business concern is structured as a sole proprietorship, some form of partnership, an LLC, or a corporation.

To illustrate the possibilities, we volition explore the various options of a fictional business. In our example, Robert Hansen opens a residential home rental business later buying ane house for this purpose. He begins by operating every bit a sole proprietorship and uses the proper noun "Robert Hansen, Property Rentals" for the business concern. In fourth dimension, Robert acquires more properties and decides he wants a new name for his business organisation.

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Forming a Business organization Entity

One selection for Robert is to create a corporation or an LLC. To do so, he must file certain registration documents with the advisable land bureau. This requires the business to cull its legal proper noun.

State laws prohibit a visitor from using a name that is already being used by another visitor. So, part of selecting a name involves checking the state's records to be sure another company is not already using the desired name.

Robert wants to utilize the proper name "Sunrise Properties" and determines that name is available. He might file articles of incorporation under the name "Sunrise Backdrop, Inc." Or, he might file manufactures of organization nether the name "Sunrise Properties, LLC." This would prevent other companies from using the name "Sunrise Properties" in his state.

Creating a corporation or LLC only provides protection in the state of registration. If Robert decides to aggrandize into another state, he may be able to register his corporation in the new land, providing the name is non already registered there.

Registering an Causeless Name

Any sole proprietorship, partnership, corporation, or LLC that does business under a name other than its own, must register the other name every bit an assumed proper noun.

This is frequently done with a canton bureau, but may exist with a country agency in some states. This is called a fictitious name in some locations and is too normally referred to as a "doing business every bit" or "dba" name.

If Robert wants to go along operating as a sole proprietorship, he may be able to annals the proper noun "Sunrise Properties" equally an causeless name. Robert could then employ the name "Sunrise Properties."

Anyone checking the official records would be able to see that his business is really "Robert Hansen dba Sunrise Properties."

Assumed proper name registration is not limited to sole proprietorships. Let'south suppose Robert forms Sunrise Properties, Inc., and decides to start a yard maintenance business that uses a different name. In this case, Sunrise Backdrop, Inc., might annals "Sunrise Backyard Services" as an causeless name. This would then be "Sunrise Properties, Inc., dba Sunrise Lawn Services."

Instead of forming a corporation or LLC, let's suppose Robert takes on Laura Deever equally his partner. Their partnership might register "Sunrise Backdrop" every bit their assumed name. Or, for some other instance, they might combine their surnames and register "Han-Dee Backdrop."

Causeless proper name registration usually just protects the proper noun in the county where it is registered. If the business plans to operate in more than than ane county, registration would be required in each county.

Trademark and Trade Proper noun Registration

Trademark, trade proper noun, or service mark protection may be bachelor on a statewide basis. The requirements for registration vary from state-to-state. Such registration must be done in each state where the business operates.

A more complex, and commonly more expensive, way of registering a concern name is past registering the name as a trademark with the U.s. Patent and Trademark Office.

This provides nationwide protection of a business concern name. Federal trademark registration requires a search to exist certain a like name hasn't already been trademarked, and there are detailed requirements and limitations relating to the ability to trademark a business name.

Determining the best style, or ways, to protect your business concern proper name will take into account the way you decide to structure your visitor, the type of goods or services you offer, and the geographical range of your concern operations.

For many small companies operating in simply one state, organizing as a corporation or LLC may provide sufficient protection.