How to Protect an Unincorporated Business Name
No matter what size your business happens to be, your business name is the largest part of your company's branding and image strategy. Every company--especially smaller, unincorporated ones--must take steps to protect the name of the business.
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Instructions
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How to Protect an Unincorporated Business Name
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Contact your office of the Secretary of State. In most states the Secretary of State will govern the process of legally protecting a business name (also called a trade name). You will need to inquire about obtaining a trade name registration. By registering your business name, you ensure that if another business uses your name, you will have the legal right to demand that they stop doing so.
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Request that the office staff research the business name you want. Make sure it's not in use by anyone else within your state or industry. In some states, this may be a free service, but be prepared to pay a nominal fee ($10 to $50) if the office is overworked or understaffed. Once your trade name is "cleared," meaning no one else is using it, you will then be able to register it.
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Request and complete the forms required to register your business name. These forms are usually very simple, requiring your business name, business address, owner or agent contact information, and the type of business you will be conducting. You will need to pay a fee for registration of your business name. That fee can vary from state to state.
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Receive confirmation of your business name registration. Your registration will usually be confirmed within two business weeks by mail to the address you indicated on your registration form.
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Tips & Warnings
Some states, such as Hawaii and Florida, have separate offices for the management of business name registration. In these cases, however, the office of the Secretary of State will be able to provide you with contact information.
In offices that charge a fee for research services, you may have the option of researching your business name yourself for free. You should understand that this process is very tedious. You may find that it is better just to pay for a staff member to do the work for you.
The process of trade name registration can be conducted in person, by mail, fax, and in some cases online. Ask a staff member of the office of the Secretary of State what options are available.
