How to Set Up a Company Name
Establishing a company name is the first step in establishing a business. Putting a lot of thought and creativity into the name of your company can be the determining factor as to whether your company gets exposure. However, deciding on the best name for your business is not the only challenge. You'll have to make sure you don't infringe on someone else's business name. If this happens, then it's back to the drawing board.
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Instructions
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Sole Proprietorship and Partnerships
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1
Create a business name. This step is easier said than done. This process will probably take the longest to accomplish. Remember the more unique the name is, the less likely it will be trademarked or already registered as a business.
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2
Perform an Internet search on your business name. Pay special attention that the name is not registered as an active website or business that offers the same services that you do. You cannot have similar business names registered for similar services, as this may confuse customers and infringe on trademark laws. If this is the case, you will have to choose another name.
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3
Contact your local county's records office to complete a fictitious name search. A fictitious name is a made-up name that a business that operates as a sole proprietorship or partnership uses. Because most sole proprietorship and partnership businesses are usually known by their own names, a fictitious name affidavit, otherwise known as a signed statement, will have to be filed to make that change.
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4
Complete the fictitious affidavit at your local county's records office. Pay the clerk the filing fees to have the affidavit registered with the records department. The price for a fictitious affidavit varies by county. However, the average price is $30
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5
Announce the name of your business in the newspaper for at least once a week for 30 days. The announcement will be forwarded to the county as proof that you are assuming business under that name.
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6
Trademark your business name. This is done by completing and application to register your business name on the trademark electronic application system. There is a fee for this service. The fee ranges from $275 and $550 (in 2010) depending on services rendered.
Corporations
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7
Complete steps 1 and 2 in the first section.
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8
Contact the Secretary of State in your city to perform a search of business names in their database. If the name that you have chosen is still available, then you will be able to select that name. However, the process of registering the name of a corporation is much different from that of a sole proprietorship or partnership. Numerous documents will need to be completed to establish a name for the business. The complexities of the documents are extreme and the fees are more expensive than that of a sole proprietor or partnership. Therefore, once you reach this point, it is best to contact an attorney.
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9
Contact an attorney that specializes in incorporating corporate business names. These types of attorneys can be found in your local yellow pages book or by performing a basic Internet search.
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10
Trademark your business name. This can be done through your attorney or you can set this up yourself. You can start this process by completing an application for the trademark electronic application system.
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References
Resources
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