Confused About Business Names!?

Business By mom2spunkynbug Updated 19 Jan 2007 , 3:28pm by elvisb

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mom2spunkynbug Posted 19 Jan 2007 , 5:37am
post #1 of 9

I have decided on a business name.

I have seen many links here at CC to the US trademark website - ? I don't understand what you're supposed to do there?!

Is there somewhere where I can just GO to & get my business name registered or trademarked or whatever I need to do??? icon_confused.gif

8 replies
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elvisb Posted 19 Jan 2007 , 5:49am
post #2 of 9

It depends how you plan to register your business. As a sole proprietor, your name (Sue Smith) is how the government recognizes you. You can choose a business name to operate under, but when you file your taxes with the IRS, a sole proprietor can just file one extra sheet (a Schedule C) with all the business info on it and attach it to your personal statement 1040 or whatever you use.

On the other hand, if you plan on running a corporation, LLC, partnership, or retail shop like a commercial bakery, then the rules can change. There can only be one Walmart or one Home Depot. That's where the trademark thing comes in and you do need to check.

We also run a cattle farm that we incorporated a while back, and our accountant took care of a lot of that stuff for us. I would ask your CPA for advice. They should know the rules for business types and names and will also have the connections to do the checking for you if that name is available--should you need to file on the registry, that is.

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mom2spunkynbug Posted 19 Jan 2007 , 5:56am
post #3 of 9

Ahhhh...

I will be a sole proprietor. So then....I can make up my own business name & I don't really have to do any checking or registering or anything?

Thanks for helping icon_wink.gif

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elvisb Posted 19 Jan 2007 , 6:09am
post #4 of 9

Yup, as a sole prop, the govt recognizes you as the taxpayer, not the business. Just think, how many Joe Smiths are there in the world? If every Joe Smith opened a business and had to register, that would get a little difficult to start coming up with a unique name for them all. That's where the federal id and SSN come in.

Just take advantage of the one time in your life the govt will be easy on you! icon_confused.gif Haha!

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JoAnnB Posted 19 Jan 2007 , 7:09am
post #5 of 9

You may need a business license, and they may require a name check. I had to register my business name with my state. $10 fee, no big deal, but your name probably will have to be unique within your county.

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mom2spunkynbug Posted 19 Jan 2007 , 2:37pm
post #6 of 9

So in addition to a Residential Kitchen license, I will also need a business license? icon_confused.gif

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Momof4luvscakes Posted 19 Jan 2007 , 2:44pm
post #7 of 9

I just registered my business name with the Register of Deeds in my state. I did an online search to make sure no one else had that name in NC.

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indydebi Posted 19 Jan 2007 , 2:50pm
post #8 of 9
Quote:
Originally Posted by mom2spunkynbug

Ahhhh...

I will be a sole proprietor. So then....I can make up my own business name & I don't really have to do any checking or registering or anything?

Thanks for helping icon_wink.gif




Not quite that simple....as elvisb said, the govt recognizes YOU. Anyone, please correct me if I don't have this quite right, but what I was told is that if I use my name as part of the business name (Brim's Cakes) then I'm probably ok with using it, but if I "make up" a business name (Cater It Simple) then I really have to check to make sure that name is not already in use.

My attorney handled all of this when he created the LLC. Prior to being an LLC, I just registered my business name with the state/county and obtained my Registered Retail Merchants Certificate (i.e. license to collect sales tax).

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elvisb Posted 19 Jan 2007 , 3:28pm
post #9 of 9

It could be because of your LLC that you had to check. I am a sole prop and I was told that I could use whatever aka I wanted to, as long as my name was with it since the govt recognizes my name as the taxpayer. Ex: Piece of Cake, Michelle, owner, address, etc. My cpa and the guy at the fed who gave me my federal id number both told me that. I think the way you register your business is what dictates it--individual vs. corporate, etc.

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