Trading under an unregistered business name

The consequences of trading under an unregistered business name are twofold: 1. Chances are, if you haven’t registered the name , someone else may have. When must a business register its name ? The law requires that a party carrying on a business using a name must register that name , unless it is the party’s individual name , a registered company name or the full name of a partnership. A trading name is not a registered business name.

A business may use as many trading names as it requires, but these cannot be registered as official names of the company.

Consequences for Not Filing a DBA. If you have not registered your business with your secretary of state , you may only do business under your personal name. You may not legally use your business name without first registering it as one of the many business entities recognized by your state and the IRS. No individual shall carry on business or identify his or her business to the public under a name other than his or her own name unless the name is registered by that individual.

Business names were once referred to as ‘trading names’. Pick the perfect name for your trading company. Generate name ideas, check availability, hold name contests.

Think about the brands out there that you instantly identify with a great product or service: Pepsi, Apple, Walmart, and Kraft are just a few. If a business is currently operating under an (unregistered) trading name it will need to be registered as a business name to continue using that name.

Therefore, you may wish to register your trade name or unregistered trade mark for enhanced protection. To be registere trade marks must comply with the rules relating to trade mark registration and certain names or marks are not eligible for registration - for example, marks that include common trade terms, such as ATaxis, ACleaners, etc. However, this does not prevent anyone carrying on a business under those names. Delicious Cakes is a trading name of Reconstituted Meat Desserts Ltd.

For example you may be a freelance web designer who also does SEO work. Trading names also allow you to have multiple functions for a single limited company. Someone is using my business name. You thought you had registered the name of the business as a trade mark, when it was only registered as a business name. An entity that intends to carry on a business under a name may lodge with ASIC an application for the name to be registered to the entity as a business name.

Note: Under section 1 it is an offence to carry on a business under an unregistered business name. If a company wishes to carry on business under part of its registered corporate name it must still register a trade name for that operating name. Pre-Clearing the Proposed Name before You Register a Trade Name.

Most provinces will require that the proposed name of an operating trade name be pre-cleared and either a NUANS or a name search report. It is quite a common occurrence in the UK for Limited Companies to adopt a “trading” name to run their business with. Having already set up a limited company and registered with Companies House with one name they find that they would rather run the business under another name. So, if some rotter has already registered your perfect limited company name , don’t fret – you can still use a trading name to keep hold of your identity!

Super-Duper Design, and Super-Duper SEO. You can also trade using a different name to your registered name.

This is known as a ‘business name’ or ‘trading name’. These unofficial business names are known as trade names, fictitious business names, or DBAs (for “doing business as”). If you have a DBA, you may be required to register it with your county or state, depending on which state your business is in. Some states and localities require DBA filings, while in others it is optional.

Businesses need to register a business name if they carry on a business or trade within Australia and are not trading under their own entity name (for example, an individual’s name or each of the names of the partners’ to a partnership). First, there is the confusion between business name registrations, company names, and registered trade marks. Other terms commonly used for a DBA include assumed name and trade name.

Purpose and Advantages of Using a DBA In some states , business owners who use an assumed name are required by law to register a DBA with their local authorities – in most cases, the county clerk or state government – in order to protect consumers. Every business has a legal name that has been approved by the state in which it was formed. For corporations and limited liability companies (LLCs), the legal business name is the one listed on their formation paperwork.

For sole proprietorships and partnerships, the legal name of the business is the name of the owner or partners. Illinois state law, similar to Virginia Code § 59.