How Do You Register Your Business Name? ( + How to Change It)

Starting a business involves more than just a great idea and a solid plan—it also means establishing a unique identity through your business name.

But did you know securing this name is more than just picking one that sounds catchy?

Whether you're a new entrepreneur or rebranding an existing venture, understanding the legal requirements for registering your business name is crucial.

In this guide, I'll:

• Walk you through the essentials of registering and protecting your business name,
• Explore whether registration is a legal requirement,
• And dive into the specifics of international registration.

Plus, I'll cover what to do if you decide to change your business name down the road.

 But first, an important question:

Are you legally required to register your business name?

Whether you're legally required to register your business name depends on the type of business you're operating and the jurisdiction in which you're based.

Generally, you may not need to register if you're running a sole proprietorship under your own name.

However, if you're using a name that's different from your own (known as a "Doing Business As" or DBA name), or if you operate a partnership, LLC, or corporation, you'll likely need to register your business name with the appropriate state or local authorities.

Registering your business name not only ensures compliance with legal requirements but also protects your brand from being used by others.

It can also be essential for establishing your business identity with:

• Banks,
• Suppliers,
• And customers.

For a tailored approach to protecting your business name, Trademarkia can guide you through the registration process, ensuring your brand is secured and compliant.

How do you select a business entity?

To select the right business entity, consider the following factors:

1. Liability protection: Choose a Limited Liability Company (LLC) or Corporation if you need personal liability protection, especially for high-risk businesses.
2. Tax implications: For simpler tax structures, consider sole proprietorships, partnerships, or S Corporations, which offer pass-through taxation. C Corporations face double taxation but can issue stock.
3. Control and management: Sole proprietorships and LLCs offer more owner control, while Corporations require formalities like a board of directors.
4. Future needs: Corporations are better if you plan to raise capital or expand, while LLCs and partnerships have more limitations.
5. Administrative requirements: Sole proprietorships and partnerships have fewer formalities, making them simpler to manage compared to Corporations and LLCs.
6. Professional advice: Consult with an attorney or accountant to align your entity choice with your business goals, financial situation, and risk tolerance.

Getting a business bank account

So, how do you set up a business bank account? Follow these simple steps:

1. Choose a bank: Look for features like low fees and small business support.
2. Gather legal documents: Have your EIN, business formation documents, ownership agreements, and business licenses ready.
3. Select account type: Options include checking, savings, or merchant accounts.
4. Apply: Visit a bank or apply online, then make the initial deposit.
5. Set up online banking: For easy account management.

How do you register and protect your business name?

Registering and protecting your business name is vital to building a solid brand presence.

Here's how you can get started and get on the business register:

1. Choose a unique name: Before conducting business, ensure your legal business name is unique and not already used by another company in your industry. You can perform a preliminary search through your state's business registry or use Trademarkia's search tool to check for availability and potential conflicts.
2. Register with your state: Depending on your business structure, you may need to register your business name with the state. For sole proprietorships using a DBA, partnerships, LLCs, or corporations, you'll typically register through the Secretary of State's office. This registration secures your business name at the state level and provides legal recognition for your company.
3. Register your name as a trademark: To protect your business name nationally and prevent others from using it, consider registering it as a trademark with the US Patent and Trademark Office (USPTO). A trademark gives you exclusive rights to use the name in connection with your goods or services across the entire country.
4. Secure a domain name: If your business will have an online presence, securing a matching domain name is essential. This protects your brand online and ensures that customers can easily find you.
5. Monitor and enforce your rights: Once your business name is registered, keep an eye on new filings to prevent others from using a similar name that could confuse your customers. Trademarkia offers monitoring services to help you stay vigilant and take action if necessary.

How do you register your business name internationally?

Registering your business name internationally can help you expand your brand's reach and protect it across multiple markets.

Here's a step-by-step guide to navigating the international registration process:

1. Identify target countries: Start by determining which countries you plan to do business in or where brand protection is most crucial. This will guide your registration efforts and ensure your brand is secured where it matters most.
2. Check name availability: Conduct a search in every target country to ensure your business name isn't already in use or registered. Many countries have their own business and trademark databases that you can search or you can opt to perform a comprehensive international name search, employing the skills of our registered trademark attorneys. 
3. Register with local authorities: Each country has its own rules and processes for business name registration. You'll often need to register your name with the equivalent of the local Secretary of State or a business registry office. This registration is usually specific to operating within that country and may not offer brand protection beyond it.
4. Consider international trademark registration: For broader protection, consider registering your business name as a trademark internationally through the Madrid Protocol, managed by the World Intellectual Property Organization (WIPO). This allows you to file a single application to protect your trademark in multiple countries, streamlining the process significantly.
5. Monitor and enforce your rights globally: Once your business name is registered internationally, stay vigilant by monitoring for potential infringements in each country. Trademarkia offers global monitoring services to help you maintain and enforce your rights.

What if I want to change my business name?

If you want to change your business name, here are the key steps you should follow:

1. Check for name availability: Before making any changes, ensure the new name is available and not already in use or trademarked by another business. You can do this by searching your state's business name database and checking for trademarks on Trademarkia. 
2. Update your business registrations: Depending on your business structure (LLC, corporation, sole proprietorship, etc.), you'll need to update your business name with the appropriate state and federal agencies. For LLCs and corporations, this usually involves filing a form called an "Amendment" with your state's Secretary of State office. Sole proprietors might just need to update their DBA (Doing Business As) registration.
3. Update your EIN: If you have an Employer Identification Number (EIN), check with the IRS to see if your business name change requires an update. In many cases, a name change won't require a new EIN, but you'll still need to notify the IRS of the change.
4. Notify the IRS and other agencies: After updating your state, you must notify the IRS and possibly other agencies (e.g., local tax authority professional licensing boards) of your new business name.
5. Update business licenses and permits: Any business licenses or permits should be updated to reflect your new business name. This step is crucial for compliance.
6. Change your business branding and materials: Update your business cards, signage, website, social media, and any other branded materials with the new name.
7. Notify customers and vendors: Inform your customers, clients, and vendors about the name change to avoid confusion and ensure continuity in your business relationships.
8. Update your bank accounts and financial records: Don't forget to update your business name with your bank, credit card companies, and financial accounts to keep everything aligned.

Protect your business with Trademarkia

Protecting your business name is critical in establishing and safeguarding your brand identity.

Whether you're registering locally, nationally, or internationally, each step helps secure your business from potential infringements and enhances your brand's credibility.

Trademarkia makes this process straightforward, guiding you through every phase, from initial searches to comprehensive registration and ongoing protection.

By partnering with Trademarkia, you can focus on growing your business while we handle the complexities of legal compliance and brand protection.

Trust Trademarkia to be your ally in securing your business name and ensuring your brand's strength in the marketplace.