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Your
tradename is the full legal name that you do business under.
In
the simplest of cases, it may be your own name. So if your name
is Rosemary Jones and you work as Rosemary Jones and you get paid
as Rosemary Jones, even though you provide goods and/or services
to a client in the same manner as a company would, then Rosemary
Jones is your tradename.
But
if you want a more descriptive name, or a more unique name for the
future, or even a simpler name, you can go down to the county business
office, and file a fictitious business name application, so then
do business simplay as Rosemary for example. This is commonly called
a "dba" - Doing Business As. You are then a sole proprietor
(or a partnership if you put two names on the filing). And many
people do this everyday. All the small businesses in your county.
And the only check is that the exact same name does not exist in
that county. Doesn't matter what names are used in the next county
over. Doesn't matter to the county what names are registered at
the state level or registered as a trademark. They only care that
they can trace and track the taxes you get paid by having a unique
enough name. You must go through the additional step of running
a fictituous business name announcement in some local paper. And
then you are done. You can go get a tax resale number and a bank
account. (Usually you have to get a city license too. For regulated
industries like food and healthcare you will need licenses from
the governing bodies too, but this does not affect your name).
As
you grow bigger, and want to bring in more investors and operate
like a professional corporation, then you will need to file incorporation
papers with the a state (usually your own or Delaware). When you
(or your lawyer) contacts the appropriate Secretary of State, they
will check to see that no other company with the same name is incorporated
in their state. But they won't check with any other state, and they
won't check with all the counties in their state, and they won't
check trademarks, not even their own state trademarks! And all they
care about is getting you a company number and name that is different
enough. So they may make you add some descriptors for clarrification.
If there are a number of other companies with the name Rosemary,
they will politely suggest you call yourself Rosemary Software Inc.
or Rosemary Systems Corp. for example.
At
that point, while your full legal business name (your tradename)
is Rosemary Software Inc., but your dba of just Rosemary is still
good in your county, and you can use both names as needed.Note that
you get to choose between Inc., Corp., Incorporated and Corporations.
Whatever your size, the choice is yours. But you must pick one of
these unless you are a Limited Liability Corp. (aka a legal partnership
- usually for professional services) in which case the initials
LLC will be part of your full name. (It is slightly different for
non-profits, that will register not as corporations but as foundations,
associations or organizations).
And
that is as far as you can go in the USA, short of going public and
registering your name with the SEC. There is no federal corporate
registry. As you open offices in other states, you will register
in those states as a "foreign corporation", but this is
mostly a formality.
Note:
Did you notice that none of the above process checked to see if
you have accidentally infringed on someone else's trademark? Nor
did any of the above process confer trademark rights specifically
on your name. But you have started to obtain some common
law rights.
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and TM ®esources
Disclaimer:
Brighter Naming is not licensed to provide legal advice. The information
here is provided as an overview service only.
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