When you start a corporation, limited liability partnership, limited liability company (LLC), or nonprofit, you will need to register your business name with the corresponding Secretary of State office. This registration process generally is not required for sole proprietors that use their own names as the business name. But fictitious names -- sometimes referred to as "DBAs" (doing business as) -- typically must be registered. As businesses grow and change, perhaps from a sole proprietorship to an LLC, they often change names. When you change the name of your business, you will typically file a transfer of your trademarked business name.
The following is a sample of the type of form you may fill out when registering or transferring your business name, but keep in mind that the laws and procedures in your state may vary. See FindLaw's Trademarks and Choosing Your Business Name sections to learn more.
Sample Transfer of Trademarked Business Name Form
SECRETARY OF STATE ASSIGNMENT OF REGISTRATION OF A TRADEMARK OR SERVICE MARK,CERTIFICATION MARK, OR COLLECTIVE MARK
File Number: _______________________________
Mark as Described on Certificate: _________________________________________________________________
Name of Present Registrant:___________________________________________
Address of Present Registrant: _________________________________________________________________
City, State Zip Code
The present registrant has filed this mark and is assigning this registration and all rights to and interest in this mark, including any good will connected to the mark for valid consideration which has been received. This mark is assigned to:
City_______________________________________________ State_______ Zip_________________
Code State of Formation, if an entity:
I certify that I am authorized to sign this certificate, and I further certify that I understand that by signing this certificate, I am subject to the penalties of perjury as set forth in applicable state statutes as if I had signed this certificate under oath.
Signature ___________________________________________ Date ___________________________
Print Name and Title _______________________________________________________________
All of the information on this form is public and required in order to process this filing. Failure to provide the requested information will prevent the Office from approving or further processing this filing.
Get Professional Legal Assistance with Your Business Name Registration or Transfer
It may just seem like so much paperwork, but failure to properly register your business name or transfer to your new name can create major problems down the road. Intellectual property law can be quite complicated, so you may want to consult with a trademark law attorney near you to make sure you're in compliance and protected.