Using Your Legal Name as a Business

These scenarios are not limited to high-profile fashion. In the 1970s, Steve Herrell founded Steve`s Ice Cream, which became a popular ice cream chain in Boston. He eventually sold the company and the naming rights, but not its revenue. When he decided to return to ice cream a few years later, he couldn`t call his business Steve`s and decided to call it Herrell`s Ice Cream. For a founder, such a situation can mean having to create a new label from scratch, and for consumers, it can be deeply confusing. If a partnership is formed with two owners, the surname of both partners may be the legal name. If the decision is made to use a name that is not the surname, the partners must establish a written partnership agreement containing the legal name chosen. The partners must then register the corporate name with the Secretary of State or the appropriate body. When jewelry designer Nina Berenato changed her company name to include her personal name in the brand three years ago, sales at her website and physical store increased.

CT Corporation employees are comprised of experts who provide global, regional and local expertise in registered agent, legal entity training and compliance. States generally require that the legal name of your LLC or company include certain words that indicate the structure of your business. Trademarks are different from LLC names – but you could end up protecting your business name. We know it`s going to be confusing. However, unlike name reservations, not all states offer this option. And many of those who do, only make it available to businesses, not LLCs. The registration of a name, if available, usually takes a year and can be extended indefinitely. The LLC vs company name can be two separate names and serve different purposes. The LLC name or legal name is the official name of the company used to sign documents, file tax returns, file lawsuits, or file a loan application with a bank.

On the other hand, a business name or trade name is the name that the public uses to identify your business. This can be on anything from business cards to websites to marketing pieces. You have the option to choose whether the two names are identical or not. Yes, your trademark application, including your personally identifying information, is public. By law, your trademark information must be readily available to the public. Penalties for trademark infringement are severe, so it`s important to check that your choice of business name isn`t already protected. You should also make sure that other names, such as supposed, fictitious, or domain names, that you may use do not infringe someone else`s trademark rights. Do a trademark search to find out if the names or trademarks that have already been used are identical or similar to the names you have chosen.

The U.S. Patent and Trademark Office has guidance for conducting a trademark search. Registering your independent business as a limited liability company (LLC) has a variety of benefits. But before you can reap the benefits, you`ll need to complete your registration — and that starts with naming your LLC. The company name is a valuable asset for any business owner. This can help potential customers remember you, find you, and understand what you`re doing. Don`t make your business name so obscure that customers can`t tell what it means. The first step in naming your business is to determine which business structure you will use for your new business. After that, you will think about at least 4-5 possible names. The more you think, the better. Once you have names, you can test them against best practices, name availability, and government guidelines. For companies or LLCs, you must have a unique name that cannot be confused with other entities.

If the name is selected, it must be registered with the competent authority of the state. Typically, this is the Secretary of State. If the Secretary of State denies your name, he will reject your application to file memorandum of incorporation and incorporate your LLC. So check your state agency`s website for LLC naming requirements in your state. Scafidi knows very well the problems caused by the route of the same name. In the fashion industry, it is very common for a designer to use their own name for their brand, and it is no coincidence that there may not be a better arena to see the problems that this decision can cause.