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Registering Your Business Name
by Attorney Bethany K. Laurence
You may need to register your business name with the local, state, or federal government -- especially if it's considered "fictitious."
The name of your business is one of its most important assets. Once you've done the hard work of choosing your name and making sure that it's available for your use, you'll want to protect it in every way you can. This means following local and state laws that govern when you must register a fictitious (or assumed) business name. It also means filing for trademark protection at the state and federal level, if appropriate.
Registering the Name of a Corporation, LLC, or Limited Partnership
If your business is organized as a corporation, LLC, or limited partnership, in most states you automatically register your business name when you file your articles of incorporation, articles of organization, or statement of limited partnership with your state filing office. This ensures that no other corporation, LLC, or limited partnership in your state will be able to use the same name.
However, even though your official business name is automatically registered, if you plan to sell products or services under a different name, you must file a fictitious name statement with the state or county where your business is headquartered.
Registering a Fictitious Business Name
Any business that doesn't use its legal name (the official name of the person or entity that owns the business) as part of its business name must comply with fictitious or assumed business name requirements. This means registering the name with a government agency -- sometimes the state, but usually your county clerk's office.
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