What is a Trade Name Registration?
A trade name is used by companies to identify their business and it can be different from their business’s legal name.
Trade name registration refers to the formal process of registering the trade name, giving companies the chance to market themselves under a specific name of their choice.
Read the rest of this article to explore why you should register your trade name and how to go about it. We’ll also feature reasons why you should consult a lawyer for help with the process.
Why Should You Register Your Trade Name?
Although it’s not mandatory to register your company trade name, it is a must if the name varies from your company’s legal name. Registration has many benefits:
- It helps customers remember and recognize your company.
- It prevents other companies from engaging in similar activities with the same name.
- It prevents someone else from registering the same name and filing a claim against you for using it.
How Should You Choose a Trade Name?
When selecting the best trade name for your company, there are some things to bear in mind.
- Choose an available name. The trade name must be available for you to use. To avoid accidental infringements, you should check your local county records or state databases.
- Make the name unique. Avoid anything vague or generic, which might already be in use and won’t stand out for your customers. The name should be different but clear and easy to remember.
- Link it to your business identity. Take some time to find a name that’s aligned with your business identity and goals.
- Run it past people you trust. You should get other people’s opinions on the trade name you want to use. Getting their perspectives could alert you to any issues you weren’t considering, such as if the name has certain associations for them that you didn’t spot.
How Do You Register a Trade Name?
Having a registered trade name is important for your branding and to ensure you stay compliant with all market regulations.
To register a trade name, you have to fill out an application from your state or county office. You can file your application online or in person, but you’ll have to pay a certain fee.
There are some important things to bear in mind before filing an application:
State Laws Vary
Different states have different rules for the process of registering a trade name. For instance, some require you to publish a notice of the name in a local newspaper. Similarly, in some states you can file the application online but others will want notarized documents to be mailed to their office. Check your state or county’s rules to follow the correct process.
Wait for Approval
Once you register your trade name, you’ll have to wait to receive approval. This can take a few weeks. You’ll get confirmation of your registration, which you can then use for business activities.
Don’t Forget to Renew it
You might have to renew your trade name in a few years, but this depends on where you live. If you don’t renew the trade name by the specified deadline, it could be used by other companies, which puts your brand at risk.
What are Common Mistakes to Avoid When Registering a Trade Name?
To prevent legal issues when registering your trade name, you should avoid some common errors.
- Not registering your trade name in all appropriate states or counties. Wherever you’re operating your business under that trade name, you’ll have to register it in that location.
- Assuming that a trade name will protect your brand. A trade name doesn’t provide protection in the way that a trademark does. To have exclusive rights to your name, you must register a trademark.
- Not checking restricted names. Before you choose a trade name, you must check your state or county’s specific rules as there could be restricted words that you’re not allowed to use in the name.
- Not checking social media. Even if you’ve checked the name is available on local county records, you should also check if it appears on social media. If it’s being used, even in a casual way, this could cause marketing problems for you later.
- Going the DIY route with registrations. Although you might think you can do every step in the process yourself, it’s worth consulting a lawyer as they could alert you to details that could cost you.
How Can a Lawyer Help You with a Trade Name Registration?
Contacting a qualified lawyer for help with a trade name registration is crucial to avoid making mistakes. A lawyer can assist you in many ways, such as:
- Running a comprehensive trade name search. They’ll search on databases and identify any potential issues that could result in disputes.
- Checking that your chosen trade name isn’t an infringement on someone else’s brand, which could risk litigation.
- Guiding you on selecting a unique name that is likely to be approved.
- Aligning your registration application with all legal requirements and regulations.
- Handling the registration process for you so there’s no missing information.
- Drafting or reviewing any documents you require.
- Supporting you if there is a legal dispute to protect your brand.
- Advising you on if you should pursue trademark registration to give you complete protection.
Where to Find a Lawyer for Trade Name Registration
Finding a business or IP lawyer to help you with registering your trade name is an easy process if you make use of an online legal platform like ContractsCounsel.
As one of the largest online legal marketplaces that connects clients with vetted lawyers, ContractsCounsel has more than 1,000 experienced lawyers who can assist you with your legal concerns.
Instead of cold-calling traditional law firms, you can conveniently find the right lawyer for your requirements on the ContractsCounsel platform. Access lawyer information to help you choose the most suitable lawyer, such as regarding their expertise, years of experience, location, and client ratings for previous projects completed on the platform.
