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The Legal Requirements To Consider When Naming Your Business

Legal requirements

One of the most exciting tasks when starting a business is brainstorming titles for your organization. It is also among the most vital to-dos; your company’s name is going to be the base of your brand, which means you have to consider it attentively. As you embark upon the process of deciding what you will call your company. Each state has its own independent rules regarding what you can name your company.

Register A Business Name:

To register a business name, first check to make sure that your name is unique by performing a company domain name search, domain name search, and a trademark search.

After this, depending upon your business’s requirements, you have to submit an amendment, form an L.L.C. or Corporation using it, file a D.B.A., or might reserve a name.

Step 1: Make Sure The Name Of The Company Is Distinctive And Available

In registering a new company name, the first step is to make sure it’s unique, meaning nobody else in your state has formed a company with or reserved, that title.

You can do this by looking at the following items:

Business Name Search

The first search you will have to do is a business entity title search, which is typically on your State’s Secretary of State website. Because if you attempt to file for a title that is already accepted, your filing will be refused, this is the most crucial step in the procedure. You can begin your search for blog names here!

Domain Name Search

We suggest you check to see if your business name is also available as a Web domain (URL). Even if you don’t intend to build a company website today, you may want to purchase the web address to prevent anyone from buying it.

Federal Trademark Search

After that, quick research on the U.S. Trademark Electronic Search System will inform you if somebody else has already optimized your title. Once you understand the name is available, you may choose to apply for a trademark for your business, although the price tag is too high to get a startup or fledgling enterprise.

Search The Web

When doing your search, it’s a fantastic idea to check and see what comes up if you search your potential business name online on websites such as Google, Bing, Yahoo,

Yelp Facebook, Instagram, and much more. Doing this will show you just how tough they could be while you’re building your brand to compete, and who will appear on these programs, whether they have a significant presence.

Step 2: Determine Your Business Entity Naming Needs

If you haven’t already selected one, it’s essential to choose the right business structure for your new venture because different business structures have various benefits, drawbacks, and naming rules.

There are the naming requirements for the following organization structures:

Limited Liability Companies (LLCs)

LLCs require here are a few common ones:

  • Your title must contain the phrase “limited liability company,” or one of its abbreviations (L.L.C. or even L.L.C.).
  • Your name can’t contain words that confuse your L.L.C. with a government agency (F.B.I., Treasury, State Department, etc.).
  • Restricted words (e.g., Bank, Attorney, University) may necessitate additional paperwork and a licensed individual, including a doctor or lawyer, to be a part of your L.L.C.

Corporations

Businesses must meet naming conditions and Take a title, here are a couple of prerequisites:

  • Your claim should include the word “corporation,” “company,” “incorporated,” “limited,” or an abbreviation of one of those phrases.
  • Your title should be distinguishable from any present company in your state.
  • Your title can’t contain words that could confuse your company with a government agency (F.B.I., Treasury, State Department, etc.).

Sole Proprietorships

This business structure needs to be conducted under the owner’s title. The business owner must file for a D.B.A. to use a different name.

General Partnerships

General Partnerships shall contain the partners’ surnames. Company owners must apply for a D.B.A., defined as an assumed name, to use another name.

Step 3: Register The Business Name

Now that you know that your name is unique, and what you want to do, here’s how to do the following actions:

Reservation By Name

In most states, a name reservation is not required to open a new firm or file for a D.B.A. Procedures for reserving a name for business varies by state.

Form An L.L.C.

An L.L.C. is easy to form and requires only five simple steps:

  • Naming Your L.L.C.
  • Choosing a Registered Agent
  • Submitting Organizational Articles
  • Setting up an Agreement
  • Acquire an E.I.N.

Form A Corporation

A corporation is easy to form and requires only five simple steps:

  • Naming Your L.L.C.
  • Choosing a Registered Agent
  • Make your corporation Initial directors & Structure
  • Formation documents filling
  • Acquire an E.I.N.

File a D.B.A.

Filing a D.B.A. allows your existing or new company to do business for a title other than your legal company name. It can help get a brand name-based or change the name of a business without submitting an amendment to a first filing.

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