3 Steps on How to Register a Business Name

By: Brad Nakase, Attorney

Email  |  Call 888-600-8654

Theodore has always been a great baker, ever since his grandmother from Tennessee taught him how to make chocolate chip cookies as a kid. Growing up, Theo worked on honing his baking skills until he was just as good, if not better, than Nana. After finishing cooking school in Paris, Theo decides to open his own bakery in Los Angeles. He wants to sell his cakes, pastries, and cookies to the local community and make a name for himself. When it is time to choose a name for his business, Theo feels sentimental. He decides to call the bakery “Nana’s,” after his late grandmother. In order to advertise his business before he gets it up and running, Theo gives out free samples throughout Los Angeles. He even goes viral on TikTok for Nana’s rainbow cake recipe. Unfortunately, Theo gets a notification soon after from a restaurant in San Francisco also called Nana’s. The name, he is sad to discover, has been reserved for use. Heartbroken, Theo realizes he will have to come up with another name. This time, he wants to make sure he knows how to register a business name properly, so that he doesn’t face disappointment again.

How to Register a Business Name

When an owner names his or her business, he or she must file the name with the state in which they are operating. There are several steps to registering a business name.

Let’s review them.

1. Find a Unique Name That Is Available

When a business owner is thinking of a name for his or her company, it is important that the prospective name be unique in nature. This means that no one else in that state can have a company with that name. It also means no one can have reserved that name for use. But how does one go about checking availability of a name?

There are a few ways to do this.

Business Name Search

One of the ways to check if a name is available is by performing a business entity name search. This can be done by going on to the state’s Secretary of State website. This is an important step, because if one files a name that has already been taken, one’s application will be denied.

A unique and available name is necessary for LLCs and corporations, but depending on the state, requirements may be different for other business structures. For instance, in some states, a name search is not necessary for sole proprietorships and general partnerships.

Domain Name Search

It would also be a good idea to see if one’s business name is available as a web domain (URL). Even if an owner is not ready to get a web domain yet, it is still good practice to check to see if the name is available and to buy it anyway. This way, no one else can acquire the domain name. It is free to search the availability of domain names using services like GoDaddy.

Federal Trademark Search

By using the U.S. Trademark Electronic Search System, a business owner can see whether someone else has already trademarked a name. If the name in question is available, then a business owner should consider applying for a trademark. That said, sometimes the cost of a trademark is too steep for a beginning business or startup.

Web Search

To check to see if a name is taken, a simple internet search is also recommended. One can search the prospective name on Google, Bing, Yahoo, Facebook, Yelp, Twitter, Instagram, Reddit, and more. These searches will reveal who else is operating in your space, how big their customer base or following is, and how tough a competitor they might be when building your brand. If someone has the same name as your company, then you can pick a different name to stand out from the crowd.

2. Determine Your Needs

Once a business owner selects a unique name, the next step will depend on what type of entity the business becomes. Different business structures have different naming rules.

Let’s review some the naming requirements for different business structures.

Limited Liability Companies (LLCs)

A limited liability company, or LLC, is a great business structure when it comes to protecting personal assets in the event of a lawsuit. LLCs need to have unique names that meet certain requirements. Here are some of the common requirements for naming LLCs:

  • The name must include the words “limited liability company” or one of its abbreviations: LLC or L.L.C.
  • The name cannot include words that would lead to confusion with a government agency
  • The name cannot use certain restricted words, such as “Bank,” “Attorney,” or “University”

Corporations

A corporation is a legal entity that is separate from its owners. Its structure consists of shareholders, officers, directors, and employees. One may consider becoming a “C corporation,” which, like an LLC, will protect an owner’s personal assets in the event of a lawsuit. Corporations need to have a unique name that meets certain requirements. Here are a few of those guidelines:

  • The name must include the word “corporation,” “company,” “incorporated,” “limited,” or an abbreviation of one of these (ex: “co.,” “corp.,” “ltd.”)
  • The name must be different from any existing business in the state
  • The name cannot have words that would lead to confusion with a government agency

Sole Proprietorships

A sole proprietorship is the most basic business structure. It is informal, and it doesn’t provide personal asset protection. It does not need to be filed with the state. The business structure has to operate under the surname of the owner, and the owner must file for a DBA (Doing Business As).

General Partnerships

Though similar to sole proprietorships, general partnerships consist of two or more people. It is an informal structure that does not offer personal asset protection in the event of a lawsuit. General partnerships need to include the surnames of all partners. If they want to use a different name for the business, then the owners need to file for a DBA (Doing Business As). This is an assumed name.

3. Register the Name

Depending on the particular state, it may not be necessary to file a name reservation to open a new company or file for a DBA. That said, there are advantages to reserving a name. For instance, an owner may decide on a unique name but is not ready to form the LLC or corporation yet. In this case, he or she could file a name reservation to make sure no one else takes the name.

When forming an LLC, registering a name plays a part in the process. Once the LLC is filed with the state, the name is automatically registered. How does one form an LLC? The steps can be simplified to the following:

  • Name the LLC
  • Select a registered agent
  • Filed Articles of Organization
  • Put together an Operating Agreement
  • Get an EIN

Similar to an LLC, registering a business name is part of the incorporation process. When a corporation is filed with a state, the name is automatically registered. How is a corporation formed? Again, the steps can be simplified to the following:

  • Name the corporation
  • Select a registered agent
  • Select initial directors and the share structure
  • File Articles of Incorporation
  • Get an EIN

By filing a DBA (Doing Business As), an owner can do business by a name other than the legal business name. This is useful if one wants to establish a brand name. It can also be a useful way of changing the name of a business without having to file an amendment.

If one wants to go the official route of changing a business’ name, then he or she will have to file the relevant state’s certificate of Amendment. This comes with a filing fee.

We want to hear your story.

2 + 6 = ?

Costco Hot Dog Price Story

The story about Costco $1.50 hot dog price began in 1993 when the Costco merged with Price Club. Costco's $1.50 hot dog price remains unchanged in 2024.

Request for Production of Documents, RPOD, CCP 2031.280

Starting January 1, 2020, California's civil litigants face stricter discovery rules under Cal. Civ. Pro. § 2031.280(a). All produced documents must now be labeled by request number, impacting both new and ongoing cases.
What is a default judgment

What is a default judgment

A default judgment is issued when a defendant fails to respond to a lawsuit, allowing the plaintiff to win by default. Understanding this process is crucial for both parties involved in litigation.
What is a quitclaim deed

What is a quitclaim deed

Quitclaim deeds offer a quick way to transfer property ownership without guarantees, distinct from warranty deeds. Ideal for non-sale property transfers among family or into trusts, they require careful legal consideration.
Sole Proprietorship Business License

Sole Proprietorship Business License

Sole proprietorships offer simplicity and fewer formalities for new business owners, with benefits like no separate taxes. Remember, personal and business assets aren't distinct, impacting liabilities and the need for proper licensing.
What is the most important part of your business plan

What is the most important part of your business plan

The executive summary shines as the pivotal element of a business plan, serving as a decisive factor for readers to delve deeper. A comprehensive guide on crafting an impactful business plan, focusing on unique strategies and essential components.
Easy Businesses To Start

Easy Businesses To Start

Unleash your entrepreneurial spirit with these straightforward home-based business ideas, from e-commerce to creative pursuits. Embrace the flexibility and potential for financial independence with diverse options suited for various interests and investment levels.
What is the standard deduction

What is the standard deduction

Understand the IRS standard deduction, a straightforward option for reducing taxable income without needing detailed documentation. Delve into eligibility, amounts for 2023-2024, and considerations for itemizing versus standard deduction.
How to get a business license

How to get a business license

Grasp the essentials of obtaining a business license in California, focusing on local and state-level requirements. Uncover specifics on when and why different types of business licenses are needed.
Why Do Businesses Fail

Why Do Businesses Fail?

Uncover the key factors contributing to small business challenges, including financial obstacles, inadequate management, and flawed marketing strategies. Understand the role of a comprehensive business plan in ensuring long-term success.
What is a BOC 3

What is a BOC 3

Understand the essentials of a BOC-3 filing for transportation businesses in California, detailing the designation of process agents for FMCSA certification. Learn the requirements, costs, and benefits of choosing the right process agent for your business.
Standard deduction vs itemized deduction

Standard Deduction vs Itemized Deduction

Understand the key differences between standard and itemized deductions to effectively reduce your taxable income and potentially save on taxes. Choose wisely to maximize your tax benefits based on personal financial details.
How to calculate net income

How to calculate net income

Unveil the significance of calculating net income for business profitability, a key indicator for financial health and decision-making. Understand the formula and practical applications for determining net earnings.
Itemized deductions

Itemized Deductions

Optimize your tax return by understanding the differences between itemized and standard deductions, crucial for minimizing tax liability. Learn the benefits and challenges of itemizing to make informed financial decisions.
What are intangible assets

What Are Intangible Assets

Discover the value of intangible assets like patents and trademarks in your business, crucial for strategic and financial planning. Learn how to manage and amortize these non-physical yet essential resources.
What is accounting

What Is Accounting

Understand the importance of accounting in monitoring financial activities and making informed decisions for your business. Gain insight into accounting fundamentals and its role in legal and tax matters.
Dysfunctional family

Dysfunctional Family

Explore the impact of growing up in a dysfunctional family, where constant conflict, neglect, and various addictions shape childhood experiences. Understand common traits, the consequences on children, and the cycle of unhealthy parenting behaviors.
When Was the Great Recession

When Was the Great Recession?

Delve into the Great Recession's timeline, an era of financial distress from December 2007 to June 2009. Understand the causes, including the 2007 housing bubble crash, and worldwide effects.

© Copyright | Nakase Law Firm (2019)