Selecting, Registering, and Trademarking Your Business Name

Selecting a business name is an important element of your business start-up. Your name can mean everything - like Amazon - and it can enhance the success of your business. The process of selecting a business name involves legal elements, including registering your name and possibly trademarking your name if it is unique. Here are the steps in the process:
1. Select Your Business Name
The name you create for your new business is important. Once you select a business name you can only change it with a great deal of difficulty. For example, if you create business cards and a web site and you use the business name in legal documents, you won't be able to change it without changing many legal documents. Think about these factors as you consider a business name.

2. Research Your Business Name

After you have selected a business name, do some research to make sure no one else has your name. You can never be certain you aren't copying the name of another business, but doing the research will minimize the chance that you will have to change the name because it conflicts with the name of another business.

3. File a Fictitious Name (D/B/A) Notice for Your Business

When a company is legally registered with one name and that company is advertising or trading or is commonly known by another name, the common name is a “fictitious name.” Learn about when to register a fictitious name and when you don't need to.

4. Register Your Business Name

What is the difference between a "fictitious name" and a business name registration? A fictitious name is used when the legal name of your business (the name on incorporating documents or the name of your limited liability company) is different from the name you use for trade. Depending upon the type of business entity you set up, you may need to register your business name with your state and with localities. Learn more about the business name registration process.

5. Trademark Your Business Name

If you have a unique business name that you want to protect, you might want to consider trademarking the name. The trademark process is explained in this article.

6. Change Your Business Name

Think carefully before you change your business name.  Changing your business name means changing almost everything, from business cards to products to your web site and more.  If you feel you must change your name, the process you use will depend on your business type.  Read this article for the details.