Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, .
Cancelling a DBA
- Contact the same local or state office where you initially registered your DBA.
- Submit the required paperwork and pay any related fees. (Some states require a filing fee to process the cancellation.)
- If you registered your DBA in multiple jurisdictions, repeat the process to cancel your DBA in each one.
A DBA is not a type of business, but a registration that serves only one purpose – it gives you the ability to do business under a new name. If you form an LLC, you will enjoy benefits beyond name registration, such as limiting your personal liability for the debts of the business.
Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don't want protection outside your state.
Steps to Changing Your DBA to an LLC:
- Determine If You Can Use Your DBA Name. States require LLCs to have a name that no other registered business uses.
- Choose a Registered Agent.
- Register Your New LLC With the State.
- Obtain an EIN.
- Open a New Bank Account.
- Dissolve Your DBA.
- Make Other Final Changes.
- Limited Liability.
When selling your business, you will most likely need to transfer the business name to the new owner. However, the sale of business process can be detailed, and you need to follow it carefully to ensure you are not breaching your sale of business agreement.
Members of an LLC may change the LLC's ownership and the terms governing its management and operation by amending its operating agreement. There is no separate "change of ownership form" for an LLC.
The three main ways in which a business can be transferred to a family member is as a gift, through a sale, or through a partial sale. If you only want to give part of your company away as a gift, you can do that too but then you will have some liability with captain gains and estate taxes.
If your LLC lacks an operating agreement, then any membership transfer will be governed by the Florida Revised Limited Liability Company Act. The Act, thankfully, still allows for much of the same flexibility that LLC owners have come to expect. Under its rules, a member may depart at any time.
If someone uses your name, simply showing proof that you've trademarked the name could be enough to convince a business to choose something else. Most importantly, if you must go to court, you'll have legal proof that you registered the name. However, you don't have to trademark your business name to protect it.
ASIC Connect is the online system used to manage your business name. You can transfer a business name to a new holder from your ASIC Connect account. You must give the transfer number to the new business name owner. They will need this to register the business name in their name.
There are several reasons to be interested in changing ownership percentages in a business.
- Adding partners.
- Adjusting ownership percentage among current partners.
- Selling a business.
- Undergo a formal valuation.
- Create a stock purchase agreement.
- Update the stock ledger.
- Update the articles of incorporation.
Here is how you can transfer your LLC to your Trust:
- Draft and Execute the Transfer Document.
- Draft and File an Amendment to your Articles of Organization with the Arizona Corporation Commission.
- Amend the Operating Agreement.
- Have LLC Members Sign a Resolution Accepting Transfer.
Transferring the DBA/Fictitious NameA list of Fictitious Names related to the name you typed in will come up and you can see everything on the system that matches or is a close match to what you typed in. If it's there, then it's registered, and you can transfer it to a new owner.
If your DBA is not renewed by the time appointed by the county or state, the DBA will be automatically dissolved. A new filing will be required to place the name back on record. This happens on all time and should not evoke any stress.
Note that if a corporation, limited partnership or limited liability company uses a variation of its formal legal name, that is a fictitious business name. For example, if the name “ABC Company” is used by ABC Company, Inc., or ABC Company, LP or ABC Company, LLC, the name “ABC Company” is a fictitious business name.
You may request copies of filed Fictitious Business Name Statements in person, by mail, and online. The fee for a copy of each filing is $2.00 for the first page and $0.05 for each additional page, with certification of copies available for $1.00.
When you change your business name, you generally do not have to file for a new EIN. Instead, you submit an EIN name change. If you change your name soon after you file your annual tax return, then you can inform the IRS of the EIN number change name through a signed notification, similar to a sole proprietorship.
It usually takes around 3-4 working days in total to change a company name on the Companies House register.
A fictitious business name statement expires five years from the date it is filed in the County Clerk. A renewal of a fictitious business name statement must be filed prior to the date of expiration if you intend to continue doing business under that name and if there are no changes from the original.
Fictitious Name Registration Fees
| Service | Price |
|---|
| Registration of Fictitious Name | $50.00 |
| Certified Copy of Fictitious Name Registration | $30.00 |
| Certificate of Status for Fictitious Name Registration | $10.00 |
LLC Fees
| Annual Report (& Supplemental Fee) | $ 138.75 |
|---|
| New Florida/Foreign LLC | |
| Filing Fee (Required) | $ 100.00 |
| Registered Agent Fee (Required) | $ 25.00 |
| Total Fee For New Florida/Foreign LLC | $ 125.00 |
If you will be doing business under the Corporate or LLC name then a fictitious name or DBA is not required. However, if you wish your company to operate under a different name, then you will have to file a DBA.
In the case of a business owned by an individual, a “fictitious business name” is any name that does not include the last name (surname) of the owner, or which implies additional owners (such as "Company", "and Company", "and Sons", "Associates", etc.).
- Download the application form and submit, with fees, to the Florida Department of State.
- The trademark must be filed under the owner's name (the owner is the one providing the service/goods).
- The owner may be an individual or a business.
- Describe the product or the advertising materials where the mark is found.
Your DBAs are just your business nicknames, and therefore, you won't have a separate EIN for a DBA. Not all businesses need an EIN. Whether you're required to have one depends on how your business is organized and what kind of taxes it pays.
To publish:
- Contact any of the listed legally adjudicated newspaper companies and choose to publish with ONE of them.
- Inform them you just filed a Fictitious Business Name Statement and must satisfy the publication requirement.
- Provide them with a copy of the FBN filing.
