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Trade Name Registration Instructions

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    Research

    • Before attempting to register a trade name, you will want to do some research to make sure no other business or organization has your desired name. To do this, contact your local secretary of state's office. To find the website for your state, you can visit statelocalgov.net, click on "Secretary of State" and then your state on the map (See Resources).

      Sometimes when you get the message "No matches were found for your search," it doesn't mean that the name is not being currently being used, only that it has not been registered. To find out, you can search the Office of the Secretary of State's Trademark Division for business names that are registered in your state. Some names are reserved by the federal government. To find out which ones, you can search the U.S. Patent and Trademark Office by visiting their website: www.uspto.gov or calling their toll free number: (800) 786-9199.

    Instructions

    • Trade names can include words, such as "company" and "associates," but may not contain the real name of the person(s) conducting the business or any sexually explicit words. You also can't use the terms like "partnership," "incorporated," "corporation" or "limited" in your trade name.

      Once you have determined what the name of your company or organization will be, you will have to enter it into the appropriate spot on the application form as well as the full legal name of the person or entity that will be using said trade name. In order to complete the form, you will also need your Federal Employer Identification Number (FEIN) if you have one. If not, you can use your Social Security number. The form has places to include the official business title of the applicant as well as his personal address. You'll also have to include the address of the business. The state will use the business address listed just in case an agency needs to send you any correspondence.

    More Information

    • Most states have a filing fee that must be paid to register your trade name. You might want to find out how much the fee will be and what methods of payment the state will accept before filing. Trade names are generally valid for two years at which time they can be renewed.

      At any time, a company can change its name, ownership information, or even cancel the trade name registration altogether. To do so, the personal responsible must file amendment paperwork with its state department. You are also required to file an amendment if the name or address of the registered person conducting business under a trade name changes. In addition, if the business moves or if ownership of the business transfers, the state will require that the appropriate person file the changes. If you are unfortunate enough to go out of business, you should file a cancellation of your trade name. In the event that you change the spelling of your trade name or add, delete or change the person(s) who conducts business on behalf of the trade name, you will have to cancel the old trade name and file for a new one.

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