Chapter 6 - Making Your Business Legitimate
Business Name Registration - A Must for a Serious Entity

Let the World Know Who You Are: How to Register Your Business Name
The main reason to register your business name is to tell the public and other businesses that you are in business under that name.
In many states, and depending on the form you've chosen for your business, registering a name is required.
What Is a Legal Business Name?
The legal name of a business is the name the business goes by.
- If you are a sole proprietor, that name is your own name.
- For a partnership, the legal name is given in the partnership agreement.
- For a limited liability corporation (LLC) or corporation, the legal name is the one registered with the state government.
If you want your company to do business under a name different from your legal entity's name, you will have to file a "fictitious name" registration form.
A fictitious name is also known as an assumed name, a trade name, or a DBA, short for "doing business as."
This name has to be different from your name, your partners' names, or the name of your corporation or LLC.
Don't Skip This Important Step of Registering Your Business Name
There are many reasons why it is important to register your business name. Some are simply good business reasons and some are legal reasons. Registering your name allows you to:
- Let public know you are doing business under that name
- Establish your name among other businesses
- Create a legal entity such as an LLC or corporation
- Defend against legal actions towards your company
- Get licenses, permits, and bank accounts
- Enter into contracts
- Fill out government forms and applications
- Apply for an employer tax ID
- Keep someone else from choosing and using the same name
Luckily, Registering A Business Name Is Easy To Do
If you are starting a company in which you need to file articles of incorporation with your state, your name will be automatically registered. This is the case with a corporation, LLC, or limited partnership.
If you have a sole proprietorship or general partnership, you will have to register your fictitious name yourself with the appropriate government agency.
However, who you register with depends where you live. In some states, this is a state matter, while in others it is a county matter.
You can check with your state's Attorney General's office to see if you need to register. You can find these offices online.
If you need help finding this office, visit State and Local Government on the Net at www.statelocalgov.net
Consider Trademarking as Well
You might also want to trademark your name to protect it. You can trademark on a national or statewide level.
To register your business as a local trademark, contact the Secretary of State's office in your area.
To register as a national trademark, you will need to contact the U.S. Patent and Trademark Office (www.uspto.gov).
They also have a search engine (Trademark Electronic Search System, or TESS) that can help you determine if the name has already been trademarked.
Your business name is an important asset. As with any asset, you will want to protect it in every way that you can.
Registering your name and filing for trademark protection can do just that.
What's Next
Next In This Guide
Opening a Business Bank Account - Every small business, no matter the size needs a business bank account. Although many small business owners think it is fine to mix personal and business accounts, nothing is further from the truth.
Previous In This guide
Six Tips for Determining a Good Business Name - Choosing the name of your business wisely will help you succeed since potential customers will often base their decisions to buy simply on your business name within the first seven seconds.
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