FAQ on Choosing a Business Name

How to choose and register a profitable company name.

Questions

What considerations should I make while naming my company?
How can I check to see whether the company name I want is available?
What exactly is a trademark?
What is my company’s “legal name”?
What exactly is a fictional company name?
Do I need to register my company name?
Can I update my company name to incorporate the words “Inc.” or “LLC?
What is the greatest sort of name for my company?

What issues should I keep in mind when picking a name for my business?

You’ll almost certainly spend hours contemplating a company name that expresses your goods or services – a name that’s both marketable and packed with personality. Surf the Web, look up words in a dictionary, read trade periodicals, and bounce ideas off friends and coworkers to move the creative process along. But while you look for the right name, keep three primary questions in mind:

Will your company’s name be protected as a trademark?
Is the suggested company name available?
Is a comparable domain name available if your company will establish a website?

In addition, whether you’re forming a corporation, LLC, or limited partnership, you must follow a few state restrictions regarding company names. (For further information, see Choosing a Corporate Name or Choosing a Name for Your LLC.)

How can I check to see whether the company name I want is available?

To ensure that no one else is using the name you wish to use (or a very similar name) to sell comparable goods or services, you must do a name and trademark search. Check with your county clerk’s office to discover whether your suggested name is already on the county’s list of fake or assumed business names. You should not use your chosen name (or a very similar one) if it is registered as a trademark or is listed on a fake or assumed name registry.

If you’re forming a corporation, LLC, or limited partnership, you must also ensure that your company name isn’t the same as that of another corporation, LLC, or limited partnership in your state. If a name that is same or extremely similar to your proposed company name appears in your state’s database, you must pick a different name.

For information on how to do a comprehensive name and trademark search, see Make Sure Your Proposed Business Name Is Available.

What exactly is a trademark?

A trademark (sometimes known as a “mark”) is any term, phrase, design, or symbol that is used to sell a product or service. Technically, a service mark is a mark used to sell a service rather than a product, although the word “trademark” is widely used for both sorts of marks since they relate to the same set of legal rights. Trademark owners have rights under both federal and state law that allow them to prohibit others from using the same or confusingly similar trademarks.

To ensure that your proposed company name does not infringe on someone else’s rights to an existing trademark, do a trademark search. (To learn how to do a trademark search, see Make Sure Your Proposed Business Name Is Available.) Also, when selecting a company name, take care to choose one that is likely to be protected as a trademark, and then take efforts to protect your business name as a trademark. Pick a Winning Name for Your Business for additional information on names that are likely to acquire trademark protection, and Filing a Federal Trademark Application FAQ for more information on protecting your business name as a trademark.

What is my company’s “legal name”?

A business’s legal name is the official name of the person or organization that owns it. If you are the only proprietor of your company, its legal name is just your complete name.

If your company is a general partnership with a formal partnership agreement that provides the partnership a name, that name is the legal name of the company. Otherwise, the legal name of a general partnership is made up of the proprietors’ last names.

The legal name of a limited partnership, LLC, or corporation is the name filed with the state filing office.

All government papers and applications will need your company’s legal name, which is especially necessary when applying for a federal employment identification number.

If you want to use a name that differs from your company’s legal name, you must register the name with a government body. See What Is a DBA? for additional information.

What exactly is a fictional company name?

When a company employs a name that differs from its legal name, the phrase “fictitious business name” (or “assumed business name,” “trade name,” or “DBA” for “doing business as”) is used. For example, if John O’Toole calls his sole proprietorship Turtle’s Classic Cars, the name “Turtle’s Classic Cars” is fake since it does not include John’s surname, “O’Toole.”

If you use a false business name, you must register it with a government entity – in most states, the county clerk’s office.

Do I need to register my company name?

If you’re forming a corporation, limited liability company, or limited partnership, your official business name will be registered immediately when you submit your articles of incorporation, articles of organization, or statement of limited partnership with your state filing office. If you want to offer goods or services under a different name, you must additionally submit a fake name statement (sometimes known as a “assumed” name statement) with the state or county where your firm is based.

Other sorts of enterprises may also be required to use a false or assumed company name. Generally, any business that doesn’t use its legal name as part of its business name must submit a fake name declaration with a government agency, generally the county clerk’s office.

You may also wish to consider registering your name as a trademark to get further protection. While it is not needed, registering your name as a trademark at the state and/or federal levels may prohibit other firms from using a name that is similar to your company name. See the FAQ on Filing a Federal Trademark Application for additional information.

Can I update my company name to incorporate the words “Inc.” or “LLC”?

Some individuals mix up selecting a business name with selecting an ownership structure, such as a corporation or limited liability company (LLC). But you can’t simply add “Inc.” or “LLC” to the end of your company name and call yourself a corporation or an LLC.

To begin, you must incorporate a corporation or LLC, and you must follow certain filing processes to register the new kind of organization with your state. Learn About Business Ownership Structures for additional information on the many sorts of companies.

What is the greatest sort of name for my company?

There is no one-size-fits-all approach for selecting an excellent company name. The perfect name is determined by a variety of factors, some as apparent as the kind of company you run, others as personal as your own interests and style. However, there are a few rules that will point you in the correct way. A good company name should have the following elements:

be distinguishable
be remembered
be readily spelt and spoken indicate the items or services you provide, and\s separate you from your competition.