Legalities of Using a Fictitious Name

When using a fictitious business name, it is important to do what is necessary to protect this valuable asset. Registering a fictitious name and filing for trademark protection is vital.

Reasons to Register

States keep track of fictitious business names in order to prevent confusion between businesses with the same name. It also allows customers to contact owners easily with a complaint or to take legal action against them, according to Nolo.com.

Corporations, LLCs and Limited Partnerships

States automatically register business names of corporations, LLCs and limited partnerships. States usually do this when the business files articles of incorporation, articles of organization or a statement of limited partnership, according to Nolo.

Fictitious Name as Trademark

Filing a business name as a trademark is advisable, except for small, local service businesses. Although not legally required, trademarking your business name will help to prevent another business from trying to use the same name, according to Nolo. If you plan to market your business in more than one state, federal trademark filing is recommended.

References

• Nolo: Registering Your Business Name