How do I Register a New Company Name?

The manner in which a business registers a new company name depends on the structure of the company. For example, sole proprietorships and partnerships are not required to register the company's name unless the sole proprietor or partners decide to use a name that differs from the legal name of the owner or partners. Taking the time to properly register a new company name will prevent other businesses from using the same name.

Instructions

1. Contact the city or county clerk's office where the business operates. This step is necessary for sole proprietors and partnerships that choose to operate under an assumed business name. Corporations and limited liability companies that choose to operate under an assumed business name may be required to register the company's name with the secretary or department of state, as well as the city or county clerk's office. Some counties have an online database where name availability can be confirmed. In other instances, the city or county clerk's office can confirm that an assumed business name is available. Provide information such as the name of the business, the proposed assumed business and the length of time the assumed business name has been in use.

2. Complete the name publication requirements in your state. Businesses that register an assumed business name in states such as Illinois and California are required to publish a notice in a local newspaper in the county or city where the business is located. The notice must be published for three or four consecutive weeks, depending on the publication requirements of the state. At the end of the required period, the newspaper will issue a statement verifying that the company has completed the state's publication requirements. The affidavit of publication must be filed with the city or county clerk's office where the business operates.

3. Register the company name with the secretary or department of state. Corporations, LLCs and limited liability partnerships are required to state the legal name of the business in the company's formation documents. There are no other requirements to register the name of a corporation, LLC or LLP. Prior to registering the name of the company, a name availability check must be conducted with the secretary or department of state. Corporations, LLCs and LLPs may confirm name availability using the secretary or department of state website. Businesses in some states, including New York, are required to write a letter to the department of state to confirm business name availability.

4. Register the company name with the United States Patent and Trademark Office. Registering the company name with the USPTO prevents businesses in other states from using the same name. Use the USPTO's trademark electronic search system to confirm that the business name you've selected is available for use. The USPTO website allows businesses to register their company name online. State the nature of the business and the date when the company name first came into existence.

References

• Business: Business Name Search and Registration
• Findlaw: Registering the Name of Your Business
• Nolo: Registering Your Business Name

Resources

• Wall Street Journal: How to Register a Trademark for a Company Name
• Entrepreneur: Need to Register a Fictitious Business Name?