⚡ Get All Content for 20% Off ⚡

3 Routes to Register Your Business Name Your name is your brand, so it's important to protect it. Oh, and it's the law.

By Nellie Akalp

entrepreneur daily

Opinions expressed by Entrepreneur contributors are their own.

Most entrepreneurs understand the importance of a business name to their branding. New business owners spend sleepless nights brainstorming the perfect name. But after you've picked a name, what's the next step to making sure everything is legal?

The most important reason to register your business name is because that's the law. Generally speaking, the public needs to know who is behind a company. The one exception is when a sole proprietor conducts business with his or her own name; so if Jane Doe runs an accounting business as Jane Doe, there's no need to register that name.

The other key reason to register a business name is to prevent anyone else from using it. After you've spent months or years building your brand, the last thing you want is someone else to come into the market and start using the same or a very similar name. When it comes to protecting your brand, you'll have to decide if it's important to claim your name in all 50 states, or if your own state is enough.

Related: 3 Common Mistakes to Avoid When Naming Your Business

There are three key paths to registering and protecting your business name. Here we'll break down the differences so you can decide which route is best for you.

File a Doing Business As (DBA)

The simplest way to register a name is by filing a DBA with your state. This is also called a Fictitious Business Name. Maybe you've noticed all those classified listings in the local paper for Fictitious Business Names.

If you have a sole proprietorship, a DBA is the way to use a business name without having to create a formal entity (such as a corporation). For example, if Jane Doe wanted to operate her accounting business as "Numbers by Jane," then she would need to file a DBA for "Numbers by Jane." Again, that's so there's a public record to let people know who is running the business.

There's one more situation where you need to file a DBA. Let's say you have an LLC named "Jane's Company, LLC" but you also want to start doing business as "Jane's Company Too." You'll need to get a DBA for Jane's Company Too.

Shutterstock

Create an official business structure

When you form an LLC or corporation for your business, this will automatically register your business name with the state. Before your LLC/corporation application is approved, the state will first make sure that no one else already has the same/similar name in the state. Then, once approved, no other business will be able to come in and use your name in the state.

Related: Growing Your Business When You Can't Trademark Your Name

Keep in mind that this doesn't offer you any kind of brand protection in the other 49 states. If you're operating a local business (i.e. a restaurant), then registering your name with the state might be enough protection for you. But if you are planning on expanding nationally, operating on the web or providing services/selling products nationwide, then you should take your brand protection to the next level with a trademark.

Get a trademark

If you want to get serious about protecting your name and brand in all 50 states, then you'll need to apply for a trademark with the U.S. Patent and Trademark Office (USPTO).

You're not actually required to register a trademark. As soon as you start using a name, you get "common law" rights to that name. So why take the time to register? Registered trademarks enjoy stronger protection than common law marks. If you've registered your trademark, it's going to be much easier to recover your property (for example, if someone starts using your company name as their Twitter handle).

If you are going to apply for a trademark, it's smart to conduct a comprehensive search beforehand to make sure no one is already using your proposed name in a similar capacity. That's because if your name isn't available, your application will be rejected right away. You will lose your application fee, in addition to all the time you invested in preparing the application.

As you are getting your new business off the ground, make sure you've taken the right legal steps to use and protect your name. Your name represents everything that your business is about, so you'll need to get serious about protecting it.

Related: The S Corp Deadline Is Approaching: What to Know

Nellie Akalp

Entrepreneur Leadership Network® Contributor

CEO of CorpNet.com

Nellie Akalp is a passionate entrepreneur and mother of four. She is the CEO of CorpNet.com, the smartest way to start a business, register for payroll taxes and maintain business compliance across the United States. 

Want to be an Entrepreneur Leadership Network contributor? Apply now to join.

Side Hustle

The Remote Side Hustle a 43-Year-Old Musician Works on for 1 Hour a Day Earns Nearly $3,000 a Month: 'All From the Comfort of Home'

Sam Ziegler wanted to supplement his income as a professional drummer — then his tech skills and desire to help people came together.

Leadership

Former Interrogator Shares 5 Behaviors Liars Exhibit and How to Handle Them

Five deceptive behaviors to look for and how to respond to those behaviors when you encounter them.

Marketing

Ever Wonder Why Certain Websites Rank Higher Than Yours? This SEO Expert Reveals The Secret to Dominating Search Results

It's often the smart use of SEO, now supercharged with AI, particularly in keyword optimization.

Business News

AI Is Impacting Jobs. Here Are the Gigs Affected the Most, According to an Analysis of 5 Million Upwork Postings

The researcher said in the report that freelance jobs were analyzed first because that market will likely see AI's immediate impact.

Business Ideas

55 Small Business Ideas to Start in 2024

We put together a list of the best, most profitable small business ideas for entrepreneurs to pursue in 2024.