How do I legally own my business name?

Asked by: Haylie Skiles  |  Last update: May 22, 2026
Score: 4.8/5 (53 votes)

To legally own your business name, you secure rights at different levels by registering your business entity (LLC/Corp) with the state for in-state protection, filing a "Doing Business As" (DBA) name locally if operating under a different name, and most importantly, filing a federal trademark with the United States Patent and Trademark Office (USPTO) for nationwide brand protection, alongside registering your domain name.

How do I get ownership of a business name?

If you want to trademark your business, brand or product name, file with the United States Patent and Trademark office once you've formed your business. If you want tax-exempt status for a nonprofit corporation, register your business as a tax-exempt entity with the IRS.

How do I own my own business name?

Four different ways to register your business name

  1. Entity name. An entity name can protect the name of your business at a state level. ...
  2. Trademark. A trademark can protect the name of your business, goods, and services at a national level. ...
  3. Doing business as (DBA) name. ...
  4. Domain name.

How much does it cost to own your business name?

If you're filing for a trademark to protect your business name on a national level, the cost starts from $250–$350 for just the application, plus legal fees if you decide to hire an attorney.

How do I claim ownership of a name?

You will need to register it as a trademark with the United States Patent and Trademark Office. The name that you select for your company must be distinctive to receive trademark protection.

HOW TO NAME YOUR COMPANY (get the best Trademark!)

22 related questions found

What are the 4 types of business ownership?

The four main types of business ownership are Sole Proprietorship, Partnership, Limited Liability Company (LLC), and Corporation (C Corp or S Corp), each offering different levels of liability protection, tax treatment, and complexity for owners, from single-person operations to complex corporate structures. 

How to legally own your name?

Federal trademark registration through the United States Patent and Trademark Office (USPTO) provides much stronger protection. A federal trademark grants exclusive nationwide rights to use your name for specific goods or services, giving you powerful legal tools for enforcement and broader geographic coverage.

Is it better to trademark or LLC?

An LLC protects personal assets from business liabilities (legal structure), while a trademark protects brand identity like names, logos, and slogans from copycats (intellectual property); they serve different roles, with an LLC forming the business foundation and a trademark safeguarding its brand, often used together for comprehensive business protection. Forming the LLC first offers a legal entity, but registering the trademark first secures brand rights earlier, with many recommending an availability search before either.
 

Do I need to copyright my small business name?

If you own a small online business which you operate in one state and don't plan on expanding into new markets, you don't need to register the trademark of your name. You already have the right to use it in your market.

How much does it cost to own your own business?

Starting a business costs between $3,000 and $500,000, with online businesses typically under $10,000 and brick-and-mortar locations often exceeding $100,000. The cost to start a business depends on your business model, location, and whether you hire employees.

Is it better to be LLC or sole proprietor?

You need an LLC if you want personal asset protection (house, car) from business debts/lawsuits, have higher risk, or seek credibility; choose a sole proprietorship for simplicity and low cost if testing a low-risk idea, as it's the default, easiest setup, but offers no liability shield, making you personally responsible for everything. Think Sole Prop for low-risk side hustles, LLC for higher risk or growth, but consult a pro for your specific situation.
 

What names to avoid for LLC?

You should avoid LLC names that are misleading, include restricted words like "bank" or "insurance" (unless licensed), contain offensive language or suggest illegal activity, are too similar to existing trademarks, imply professional licensing you don't have (like "CPA"), or use overused clichés (like "Apex" or "Pinnacle"). Always check your state's specific rules and ensure the name isn't already registered or trademarked. 

How do I check if my business name is taken?

To check if your business name is taken, search your state's Secretary of State website for registered entities, use the USPTO's TESS database for federal trademarks, check for available domain names, and look for existing presence on social media and search engines, ensuring your name is unique enough to avoid legal issues. 

What proves ownership of a business?

Businesses issue certificates to shareholders, members or partners in order to provide proof of ownership. This proof is typically provided in the form of a certificate: Stock certificates for corporations. Membership certificates for LLCs.

Is business ownership worth it?

A substantial amount of family wealth is in business ownership. On average, the self-employed are wealthier than the non-self-employed. This implies the value or potential value of business ownership in economic mobility. Business equity represents a relatively large share of nonfinancial assets.

Is it better to get a TM or a copyright?

It's not about one being "better," but about protecting different things: trademarks (TM) protect brand identifiers like names and logos for commerce, while copyrights protect original creative works like books, music, and art, so you often need both for a complete brand, with trademarks stopping others from using your brand identity and copyrights stopping others from copying your content. A logo can have both trademark (brand use) and copyright (artistic expression) protection, but a song needs copyright for the music and potentially trademark for the band's name. 

What is the 3 month rule for copyright?

The "copyright 3 month rule" in the U.S. refers to a key deadline for copyright owners: registering their work with the U.S. Copyright Office within three months of its first publication makes them eligible for significant benefits, including statutory damages and attorney's fees in infringement lawsuits, a remedy not available if registration occurs after infringement begins (unless within that three-month window). It's a strong incentive to register early, though copyright protection exists automatically upon creation, this timely registration unlocks powerful legal remedies.
 

Does an LLC protect your business name?

While an LLC registration prevents others from using your business name within the same state, it does not automatically protect your name in other states or at the federal level.

Can I file a patent myself?

Utility patent application: may be filed by anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.

What do you call yourself if you own an LLC?

If you own an LLC, you are legally called a member, but you can use titles like Manager, Managing Member, or even executive titles like CEO or President (especially if it's a single-member LLC or specified in the operating agreement) for public-facing purposes, balancing legal accuracy with professional presentation.
 

Should I get my LLC or business license first?

You should form your LLC first because it creates the legal entity, confirming your business name and structure, which then allows you to apply for the necessary licenses and permits for that official entity, ensuring you don't need costly name changes later and providing liability protection from the start. The LLC (Articles of Organization) is the foundation, making you a separate legal person, while a business license is permission from local government to operate as that person. 

Do I need to put LLC on my logo?

So, do you need to incorporate “LLC” in your logo? In short, the answer is no. In fact, none of your branding/marketing needs to include “LLC,” “Inc.” or “Ltd.” If it is included, this may look amateur. Think of national brands such as Target, Starbucks, and Honda.

Should I trademark or LLC first?

For most businesses, form your LLC first, then trademark, because the LLC becomes the legal owner of the trademark, providing asset protection and official business status, but it's wise to do a trademark search before finalizing your LLC name to avoid conflicts and costly rebranding later. Forming the LLC first establishes the entity that will own the mark, simplifying ownership, but checking name availability before formation prevents issues where your chosen business name is already trademarked.
 

What names cannot be trademarked?

Names that can't be trademarked are typically generic terms (like "Coffee" for coffee), merely descriptive terms (like "Best Tasting" for food) without proven consumer recognition, common surnames, geographically descriptive names, and marks that are deceptive, offensive, scandalous, or confusingly similar to existing marks, as well as official insignia or symbols. These are generally barred because they aren't unique enough to identify a single source or would hinder public use and fair competition. 

Can I run a business under my own name?

A sole proprietorship is the easiest to form and gives you, the owner, complete control. If you don't register as another kind of entity, then you're automatically qualified as a sole proprietorship.