Research Reports
How to Register a Business Name Or Web Site Name
Naming your new business is perhaps one of the most difficult and important steps for new entrepreneurs. How you choose to brand your company will play a big part in your ultimate success. In this brief video, break it down into three steps: selecting your company structure, choosing a branding plan, and ensuring your name is truly unique. In the next two videos, I will discuss how you can further customize your marketing plan to include some creative branding ideas. In the mean time, let’s quickly cover the first two steps.
As previously mentioned, when you want to know how to register a business name, you need to decide what type of entity you want to establish. Perhaps you are interested in protecting the value of your invention, or your own intellectual property. In either case, it’s very likely that you will need to establish trademark protection. Once you determine what you want to do, consult with a trademark attorney. He or she will help guide you through the process and help to secure the appropriate trademark for your new business. To find a qualified trademark attorney, search the Internet using keywords such as “trademark attorney,” “licensing lawyer,” “copyright attorney,” or “trade mark lawyer.”
Once you’ve decided on a name and made your decision on which state to file your papers, you are ready to move on to step two, which is registering your new business name. You will be required to submit forms to the secretary of state, or county clerk, in each state where you expect customers will purchase products or services via the Internet. Although many states require a business registration, some don’t; and some require different things than others. For example, Alaska requires business name registration but does not require sales tax filing, so it’s really a good idea to check with the state before proceeding with registering.
After completing state filing procedures, you may decide that your time is best spent elsewhere: registering your sole proprietorship or corporation. These forms vary from state to state and generally you must follow specific instructions and procedures, depending on the type of entity you have established. For example, how to register a business name with your state requires careful attention to the types of names permitted and the amount of space allotted. If you have established a sole proprietorship, you may not be able to use words other than “your,” such as “Mr.” or “Ms.” or even “My Partner.” In addition, how to register a business name with your state will likely involve submitting an abstract of your corporation or sole proprietorship, a description of your company and its registered agent, and any distinguishing mark or logo.
When you are ready to start registering your trademark in the U.S. Patent and Trademark Office, you should obtain a registration number from the USPTO web site. Once you have obtained the registration number, log on to the Trademark Electronic Application System (TEAS), which is a repository for electronic registration of domain names and web site names. Using the E-commerce tools on the Trademark Electronic Application System is free and safe. The system allows you to fill in the registration form, pay the fee, submit the original copy of your trademark application, and then electronically receive your certificate.
Some business name registration services offer federal trademark services. If you have state filing requirements and would prefer federal trademark registration, your service provider should include federal trademark filing as part of your service. The most important advantage of federal trademark services is that you avoid the hassle of filling out various forms by hand. Federal trademark services are available in all fifty states and should not be confused with federal wholesale trademark applications, which are available in many states.
In general, when you are registering a domain name or web site name in the United States, you will be required to complete one application. However, there are three other separate registration procedures that must be completed. You will need to file an application to show that your mark or logo is distinctive and the registration should be marked with your federal registration number, along with a description of the goods or services that you will be offering and a statement that identifies your company. After filing your trademark application, you will be given a registration number. From there, you will need to file an annual renewal statement showing that the registration has been renewed and that any pending claims have been removed.
There are also some specific steps required when you are registering a business name or web site name in the United States. First, after filing your trademark application, you will be given an application deposit. Deposit fees are non-refundable. Your financial records will be verified by the United States Patent and Trademark Office before the trademark registration takes effect; however, once filed, it remains in good standing for up to five years.
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