Selecting the perfect name for a business isn’t as simple as it may seem. It’s not just about creativity and branding, there’s a whole world of regulations and rules to navigate. From ensuring the name hasn’t been trademarked to complying with state-level naming rules, the process can be complex and time-consuming.
Understanding these regulations is crucial when forming a legal structure for a startup. For instance, a corporate name usually can’t mislead the public about the company’s purpose and entity type, can’t be the same as an existing entity, and must include an indication of the entity type. It’s important to note that these rules can vary greatly from state to state. So, even if two businesses share the same name, different state rules may apply. To learn more about the subtleties of state laws on business name regulations, work with a qualified Arizona business lawyer. Call (480) 320-2310 today to consult with Harrison Law, PLLC.
Three Different Ways to Register Your Business Name
To avoid any future business name conflicts or issues, it’s crucial to register your company name. Below are three different ways you can register your business name, each with its own purpose and legal requirements.
Doing Business as (DBA) Name
Choosing a unique business name represents just the beginning. Protecting the name against other businesses is the next step. A common form of protection is registering a DBA, known as “Doing Business As”. A DBA doesn’t offer legal protection, but it might be a mandatory requirement based on your business structure or location. If you’re running your business as a sole proprietor, you’ll need a DBA if your operation uses a different name than your own. An example of this might be using “Mama’s Bakeshop” instead of conducting business under your name. DBA regulations vary widely, so it’s recommended to enlist the help of a legal expert in this area.
Domain Name
In the digital age, establishing an online presence for your brand represents a key business tactic. Once you settle on a business name, it’s beneficial to register it as your domain name. By doing so, you secure it against any other business wishing to use the same name for their website. Should your chosen domain name already be taken, don’t panic. Your domain name doesn’t necessarily have to match your legal business name, trademark, or DBA. For instance, if your business is called “Springfield Electronic Accessories”, you might register your domain name as “techbuddyspringfield.com”.
Entity Name
The Small Business Administration states that an entity name provides protection on a state level. This kind of registration is crucial if you want to secure the legality of your business name strictly within your operating state. Note that you’ll also need to ensure your business name conforms to state-level naming rules, which can differ widely between states. To learn more about these state laws, consult with Harrison Law, PLLC.
Can You Have Multiple Names for a Business?
It is possible for a business entity to operate under multiple names. In many scenarios, this can be advantageous. For instance, an enterprise might choose to diversify its service offerings, and different monikers can help segregate these cleanly in the consumer’s mind. It’s important to note, however, that each of these names must comply with the business name regulations in their respective locations.
Can You Have Multiple DBAs Under One LLC?
Limited Liability Companies (LLC) may indeed utilize multiple “Doing Business As” (DBA) names, allowing them to operate numerous enterprises under one legal entity. Yet, all these names must follow the state’s particular business name regulations and convey the nature of the business they represent.
For instance, certain terms are off-limits without express permission from the relevant state authority. This rule applies predominantly to those pertaining to finance, banking, and insurance. The case is similar for words related to municipals or governmental agencies like “FBI” and “Treasury” among others.
The essence remains that while there can be multiple DBAs under one LLC, the underlying business should be distinguishable from other businesses. Particularly critical is that professional LLCs, like those operating in specialized fields such as medicine, law, or accountancy, must provide relevant licensing at the time of business registration.
Arizona State Law and Business Name Regulations
In Arizona, there are regulations governing the naming of businesses, primarily overseen by the Arizona Corporation Commission (ACC) and the Arizona Secretary of State’s office. Here are some key points regarding business name regulations in Arizona:
Unique Name Requirement: Your business name must be unique and distinguishable from existing businesses registered in Arizona. This means that it can’t be too similar to the name of any existing business operating in the state.
Entity Designator: Your business name must contain an entity designator that indicates the type of business entity you are operating. For example:
- Corporation: “Incorporated,” “Corporation,” “Corp.,” or “Inc.”
- Limited Liability Company (LLC): “Limited Liability Company,” “LLC,” or “L.L.C.”
- Partnership: If your business is a general partnership, you must include the words “General Partnership” or the abbreviation “GP” in the name. For limited partnerships, the name must include “Limited Partnership” or the abbreviation “LP.”
Prohibited Terms: Certain terms may be restricted or prohibited in business names. This includes terms that could mislead the public or imply a government affiliation.
Trade Name Registration: If you plan to operate under a name different from your legal business name (often called a “doing business as” or DBA name), you need to register that trade name with the Arizona Secretary of State’s office.
Online Search: Before registering your business name, it’s advisable to conduct a search through the Arizona Corporation Commission’s online database to ensure that your desired name is available and not already in use.
Trademark Considerations: While registering your business name with the state gives you certain legal protections, it’s also essential to consider trademark issues. Registering a trademark with the United States Patent and Trademark Office (USPTO) can provide additional protections for your business name.
Professional Licensing: Certain professions in Arizona may have additional naming requirements or restrictions imposed by their licensing boards or regulatory agencies.
Remember to consider consulting with a professional business advisor at Harrison Law, PLLC to ensure compliance with all relevant regulations and to address any specific concerns related to your business name.
Contact a Qualified Business Law Attorney in Arizona
Navigating State laws on business names may be easier with guidance from an experienced business law attorney in Arizona. Our dedicated and experienced business law attorneys can help you understand all of your options and ensure that your intellectual property and business is protected. Choose Harrison Law, PLLC – and call (480) 320-2310 today to book a consultation.
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This website and article have been prepared by Harrison Law, PLLC for informational purposes only and does not, and is not intended to, constitute legal or financial advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.
