Business Name Registration

Registering your business name is an important first step, but the process can look a little different depending on your business type and where you’re forming. If you’re starting an LLC or corporation, begin by checking name availability with your formation state; each state has its own naming rules to follow. It’s also a good idea to run a trademark search through the U.S. Patent and Trademark Office to make sure your name won’t conflict with an existing mark.

Your business name becomes official once you file your formation documents with the state. And if you’re not ready to file just yet, most states let you reserve your name temporarily so it’s protected while you prepare your next steps.

If your business name is available where you plan to operate, that’s a great start, but availability alone doesn’t stop someone else from claiming it. Filing a name reservation with your state is a simple way to secure your name for a short period while you get everything in place.

A reservation is helpful if you’re not quite ready to form your LLC or corporation, or if you plan to change your legal name later. And in some states, it’s more than optional. Alabama, for example, requires a Certificate of Name Reservation before you can file your formation documents.

A DBA, or “doing business as” name, is the name you use when you operate under something different from your legal business name. For sole proprietors and partnerships, the legal name is simply the owner’s name. For LLCs, corporations, and other formal entities, it’s the name listed on your formation documents.

A DBA may also be called a trade name, assumed name, or fictitious business name and in most states, you’re required to register it if you plan to operate under a name other than your legal one.

Fictitious business names (DBAs) are common for many types of businesses. You might use one if you’re a sole proprietor or partnership that wants to operate under something other than your personal name. LLCs and corporations often file DBAs when launching new products, brands, or divisions, or when expanding into new regions and tailoring their name to local markets.

One important compliance tip: sole proprietors and partnerships can’t add corporate indicators like “Inc.” or “LLC” to a DBA, and corporations or LLCs can only use indicators that match their legal status.