Your business name is an important asset. It is hard work to decide on a creative name that is available for your use. It is equally demanding to protect it. However, things can be simple and more friendly. In this blog, New York-based veteran corporate lawyer Hartley Bernstein shows you that it does not have to be tiresome to register and protect your business. Bernstein begins with an explanation of what fictitious company names are, why you need to register them, and then goes on to explain how you can register your business name and protect it.
Fictitious company names
Businesses that do not use the legal names of their owners, or the owning entity, adopt assumed or fictitious names. For instance, if Hartley Bernstein founds a company through his own money, he has two options. He can either choose to call the company Hartley Bernstein. Or, he can choose a fictitious name, such as “CorLaw Served”, or “Best New York Corporate Lawyer”, or something else.
Importance of registration
It is unfair to assume that there is only one Hartley Bernstein in New York, who wants to use “CorLaw Served” for his company. There may be others, if not in New York, then in other states. Law dictate that no two businesses can use the same fictitious name because it causes confusion. As business owner, you may face a legal action against you if you fail to comply with these laws on names.
A second reason to get your business name registered is convenience. Banks will refuse to open your bank account if your name has not been registered. The deals you will make may not have an legal glue to bind them if your business name is unregistered.
Process of registration
In most states, your register your fictitious business name at the county level. In a few states, however, you will have to deal with a state agency, or even the Secretary of State. To learn about the registration process in your area, phone your county clerk’s office.
States provide you with a list of business names, that have already been registered. As business owner, it is your task to dig into that database to find your name is not there. You may need the assistance of a lawyer here.
Protection
Once your business name has been registered, the law protects it. Others cannot use it for their commercial activities.
To learn more
To learn more about the registration process, please contact New York corporate lawyer Hartley Bernstein.
Fictitious company names
Businesses that do not use the legal names of their owners, or the owning entity, adopt assumed or fictitious names. For instance, if Hartley Bernstein founds a company through his own money, he has two options. He can either choose to call the company Hartley Bernstein. Or, he can choose a fictitious name, such as “CorLaw Served”, or “Best New York Corporate Lawyer”, or something else.
Importance of registration
It is unfair to assume that there is only one Hartley Bernstein in New York, who wants to use “CorLaw Served” for his company. There may be others, if not in New York, then in other states. Law dictate that no two businesses can use the same fictitious name because it causes confusion. As business owner, you may face a legal action against you if you fail to comply with these laws on names.
A second reason to get your business name registered is convenience. Banks will refuse to open your bank account if your name has not been registered. The deals you will make may not have an legal glue to bind them if your business name is unregistered.
Process of registration
In most states, your register your fictitious business name at the county level. In a few states, however, you will have to deal with a state agency, or even the Secretary of State. To learn about the registration process in your area, phone your county clerk’s office.
States provide you with a list of business names, that have already been registered. As business owner, it is your task to dig into that database to find your name is not there. You may need the assistance of a lawyer here.
Protection
Once your business name has been registered, the law protects it. Others cannot use it for their commercial activities.
To learn more
To learn more about the registration process, please contact New York corporate lawyer Hartley Bernstein.
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