Though procedures vary, it's usually fairly easy to register a fictitious business name. Many states require you to begin by searching the county or state fictitious name database to be sure that you aren't trying to register a name that's already in use. Once you're sure the name is available, you must obtain a name registration form (over the phone, in person or from the office's website) and submit it with the correct filing fee, typically $10 to $50. Finally, depending on your state's law, you may have to publish your fictitious name in a newspaper and then submit an affidavit (sometimes called a proof of publication) to the county clerk or state agency to show that you have fulfilled the publication requirement. Your local newspaper should be able to help you with this filing if it's required in your state.

Registering Your Business Name as a Trademark

If your business is anything but a small, local service business, registering your name as a trademark is a good idea. It's not required by law, but trademark registration can provide powerful protection if another business later tries to use your business name, or one that's confusingly similar.

Registering your name as a trademark in your state can help prevent another business in the same state from using a name that's likely to be confused with your business name. But if you plan to market your service or product in more than one state -- or across territorial or international borders -- it's wise to file an application for federal trademark protection as well. Registering your business name with the U.S. Patent and Trademark Office puts the rest of the country on notice that the name is already taken, and it makes it easier to defend your name against would-be infringers.