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A business may operate under, or use, a name that is different from that of its legal entity. Such a name is referred to as a trade, fictitious, assumed name or DBA (Doing Business As). To operate under a different name, you'll need to do two main things:
First, find a "good" name. You need one that is not being used by another company, and a name that is distinct enough so that you could protect it from use by other businesses.
Second, reserve it and protect it. This requires filing the name with the Secretary of State of the state or states in which you conduct business. Then, use the name in the marketplace. It is the actual use that will become your strongest ally in preventing others from using the same name. Then, look into filing for a federal registration of the trade name. Don't fall into the common misconception that a filing with Secretary of State provides protection, as it does not.
Regardless of the type of legal entity that is your business, or the legal name, you have freedom to add or change the name under which you conduct business under so long as the desired name is not already being utilized. Contact an attorney with experience in trademark law to proceed.
This article originally appeared in The Business Owner Journal, the periodical of choice for owners of small and midsize private businesses. All rights reserved, D.L. Perkins LLC. © 2010.
This publication is intended to provide general information on the subject matters covered. It is sold and distributed with the understanding that neither the publisher nor any distributor or advertiser is engaged in providing legal, tax, insurance, investment or other professional advice. The advice of a qualified professional should be sought before any reader applies a concept presented herein to his or her particular situation or business.
D.L. Perkins, LLC is solely responsible for this content.
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