
by Jason Keith: What’s in a name?
The truth is quite a bit. As a micro business owner you’ve more than likely chosen a catchy name that incorporates what your business is, your own personal name, or something about you that you want everyone to know. You’ve spent an inordinate amount of time agonizing over whether it sounds good, run it by your friends for their feedback and then made a series of tweaks and revisions. But the truth is there is a lot more you need to know about your businesses name than you might realize. For example, did you know that in some states as a sole proprietorship, you are are presumed to operate under your name as the owner? If the business will operate under a different name, most jurisdictions require that a fictitious owner affidavit be filed.
As the Small Business Administration points out, there’s more to naming your business than just coming up with something that sounds good and you happen to like. Thought must be given to state and local requirements and making sure you don’t infringe upon the rights of someone else’s business name. In this weekend’s Wall Street Journal, Sara Needleman tells a first-hand account of the pitfalls that can occur when you don’t go through the proper steps in ensuring that the name you picked for your business is yours and yours alone, and not one that can come back to haunt you.
Needleman’s story starts with an account of cookie maker Kori Stanton, whose business was featured on the Rachel Ray Show, and appeared to be off and running. Unfortunately, not long after the show, another company with a similar (and trademarked) name threatened a lawsuit. The story includes some helpful tips – including doing the research up front and being specific in your naming. But one thing you should also do is check your state’s requirements when it comes to business naming, and what paperwork you might have to file before starting up.
Ultimately starting your business is a fun and exciting time, especially at the very beginning. But before you pick a name and start making up fliers, postcards, business cards and every other promotional product you can think of, do some homework and make sure you’re doing things by the book. The legwork could end up saving you a lot of aggravation (and money) in the long run.
What steps have you taken to protect your businesses name? What advice would you give others?














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