How to Choose a Name and Logo for Your New Business

When you are first starting your business, choosing a name and logo is one of the most exciting steps.  This article will give you the background you need and the correct order of events in setting up your business name.

Background: Stay Legal by Registering Your Name

Most of the time you MUST register your business name with the state before you may legally use it.   Registration is overseen by the department or secretary of state.

The only time you do not need to register your business name is if you are forming a sole proprietorship or general partnership and your business name contains the legal surnames of all owners.  For example, Ebeneezer Scrooge would not need to register “Scrooge’s Savings” but would need to register “Sure Safe Savings”.

Step #1: Business Name Availability

Your business name must be distinguishable from all other registered names in your state.  The law gets very specific when defining “distinguishable” but the main point is to avoid misleading customers.  If you fail to comply you risk trademark infringement.  This is the case even if your competitor does not have a registered trademark because “common law trademarks” arise from using the name in the marketplace.

Fortunately, figuring out what business names are available isn’t so bad.  Every Secretary of State (or other state authority) keeps a database of all registered names in the state.  Simply search in the registry for your desired business name to look for conflicts.  You might also want to search on Google, the US Patent and Trademark Office, and domain name registries to see if your website name is available.

However, just because a name is available with the state doesn’t mean you should use it. Everything changes when you consider that your name is your pitch! Consider your customer’s perspective: is your name difficult to search for or pronounce? Is it difficult to understand what your business DOES? What comes to your customers’ and partners’ minds when they hear or talk about your company? If their perceived image of your company and brand is in line with your organization’s culture, mission, and goals, you’ve selected a good name. If not, it’s back to the drawing board! (Thanks to our friends at Grasshopper for the input!)

Step #2: Register Your Business Name

If you are starting a sole proprietorship or general partnership, then you file a fictitious name registration.  If you are forming an LLC, then by filing your articles of formation you register your name.  If you are incorporating (a for-profit or nonprofit corporation), then by filing your articles of incorporation you register the business name.

A common start-up mistake is to start ordering business cards, hiring a logo designer, or getting an EIN as soon as your registration is submitted .  You should wait until the secretary confirms your business name is approved before proceeding.  

Step #3: Design a Logo

In one glance, a logo should communicate the identity and “feeling” of your business.  Thanks to The Logo Company for today’s infographic showing the color psychology of logos.    Your logo is a first impression that sets expectations even before reading the business name.

How to Get Started

When you order any of our business formation services, we take care of conducting your name avialability search and registration.  Some states also require publishing of your business name or intent to incorporation in legal journals or newspapers of general circulation.  When this is required, we write the copy, locate approved publishers, submit and schedule your copy, and obtain legal affidavits for your records.  If you’re starting a business, don’t let name availability and government paperwork slow you down. Contact the experts at Harbor Compliance today!