Business Name Terminology

By now, you probably realize that entrepreneurship involves a crash course in many interrelated disciplines, from sales and marketing to management and business law. Even the process of settling on a business name, checking for availability, and making sure the name isn’t trademarked involves the use of terms with specific legal meanings.

Learning the meaning of these various terms will help you better understand the process. The following list of business name terminology will help you get up to speed.

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Small Business Terminology

The following list of business name terminology can help you with your new business:

Assumed name: This is a name you use with the public. Assumed names, sometimes called doing business as (DBA) names, are common in sole proprietorships. The business owner does not want to use their name, so they register an assumed name.

Business name: The business name refers to all the business names of the organization. This includes business’s legal names, corporate names, and assumed or fictitious names. When used this way,”business name”is a generic term. It does not differentiate between more specific types of business names.

Company name or corporate name: When a business incorporates, it registers a corporate name in its articles of incorporation. Similarly, a limited liability company (LLC) registers an LLC name. A limited partnership (LP) registers an LP name. Before the name gets registered, the secretary of state (or whatever other state office oversees business organizations) must approve these entities’ names. The business entity’s name is the company or corporate name of record.

Domain name: This is the website name for your business. FindLaw’s domain name is www.findlaw.com.

Fictitious business name: A fictitious business name is a name different than what the business was originally formed as. It is sometimes called a trade name or doing business as (DBA). For example, Buffy Summers called her sole proprietorship Slayer Sundries.”Slayer Sundries”is her fictitious name. It is not her name. You must register a fictitious business name with your state.

Legal name: A legal name is the official name of the business. A sole proprietor’s legal name is the owner’s own name or full name. Suppose a general partnership has given a name to itself in a written partnership agreement. In that case, that name is the general partnership’s legal name. Otherwise, a general partnership’s legal name is the owners’ last name. The legal name gets registered with the secretary of state for limited partnerships, LLCs, and corporations.

Trademark: A trademark (or”mark”) is any word, phrase, design, symbol, or scent used to market a product or service. A mark used to sell a service is a service mark, though a trademark is commonly used to describe both types of marks. Trademark holders can have authority under federal and state law to stop others from using their marks. To get protection at the federal level, you must submit a trademark or trade name registration with the United States Patent and Trademark Office (USPTO).

Trade name: A trade name is a name by which the public knows your company. It may or may not be the same as the legal name of the owner. Government agencies and banks need your business’s legal and trade names when doing business. A trade name is also called a fictitious name or doing business as a name.

Need Legal Help Securing a Business Name or Trademark?

Before picking your business name, run a business name search. Choosing the right name for your business at the start is essential for a small business owner. If you need help understanding the trademark process or have any other legal questions as you start your business, contact a business and commercial attorney in your state.