How to File a Trade Name

Filing a trade name is an important legal step every business should take.

Every business, large or small, has a legal business name. The legal business name of a business organized as a corporation or LLC is the name chosen when the paperwork was filed to create the corporation or LLC. A self-employed individual offering consulting services also has a business name; it's the name of the individual offering the consulting service. In order for any business to market itself under a name other than its legal business name, a trade name must be filed. A trade name is a legal registration that acknowledges the existence of an alternate name for the business to operate under other than its legal name.

Instructions

1. Contact the secretary of state for the state in which you live. Many secretaries of state have set up a website that handles all of their business filings. On the website, you'll want to find the form for trade name fillings. Trade name filings are sometimes referred to as fictitious names or DBA (doing business as) fillings.

2. Complete the form. It will require the legal name of your business (the name of your corporation or LLC or your personal name if you are a sole proprietorship) and the trade name you would like to use.

3. File the form along with the required filing fee. Many states will charge between $50 and $200 to process a trade name filing. Send along the payment with the paperwork and then wait to receive a letter of confirmation.

4. Keep your trade name filling up to date. Some states require annual or biannual filings to keep the name reserved. If you miss one of these filling dates, the name reservation will be abandoned and anyone else could then apply for the name. Check with your secretary of state for the requirements in your state.

5. Watch for infringements on your trade name. As you build your business, your brand name will begin to create brand equity and customer awareness. Keep an eye out for competitors looking to mimic your trade name in order to steal your customers. If you suspect that someone is infringing on your trade name, have an attorney send them a letter of complaint asking them to cease use of the name. If they refuse, you can use litigation to make them abandon its use since you've already claimed the rights to that trade name.

Tips & Warnings

• While you can hire an attorney to file a trade name for you the process is quite simple and you can likely handle it on your own.

• Do not try to use a trade name that is too similar to one already in use because the filing will not be approved.

References

• Business.gov:
• Legal Zoom: