Can I Register a Cancelled Business Name?

A company’s name plays a crucial role in defining its identity and how the public perceives the business. But there can be a point when a company needs to change its name for a number of reasons. The issue of whether another person can register the same name in the future may now arise. Depending on the state, the answer to this query may vary, but generally speaking, it is possible to register a business name that has been cancelled.

In the majority of states, after a specified amount of time has passed, a cancelled business name becomes available for registration. Depending on the state, this time frame can be anywhere between a few months to a few years. As long as the canceled business name complies with the state’s regulations for business names, anyone may register it once the cancellation time has expired. It is important to check your state’s laws because some jurisdictions may have unique rules concerning registering a business name that has been cancelled.

A firm can identify itself to the public by using a trade name. When a company conducts business under a name other than its legal name, it utilizes a “Doing Business As” (DBA) name. They are not the same item, yet they can occasionally be used interchangeably. A company might, for instance, register a trade name as its DBA name.

The use of a name or logo that distinguishes the goods or services of a firm is protected by trademarks. Although trademarking your company name prior to creating an LLC is not essential, it is a good idea to do so. A trademark grants you the sole right to use your company name while preventing unauthorized usage by others. By doing this, you can safeguard your brand and avoid consumer confusion.

When a company conducts business under a name other than its legal name, it does so under a DBA. An LLC, on the other hand, is a business entity that shields its owners from liabilities. An LLC offers legal protection, whereas a DBA does not. Additionally, compared to a DBA, an LLC necessitates more formality, such as the creation of an operating agreement and the submission of annual reports.

Yes, LLCs in Ohio must pay an annual fee. The $125 cost is due each year by the LLC’s anniversary date. The state has the right to dissolve the LLC if the annual fee is not paid. It’s crucial to meet these costs and dates if you want to keep your LLC’s legal status.

In conclusion, it is often permissible to register a business name that has been cancelled, but it is crucial to review your state’s laws. Although a DBA and a trade name are distinct concepts, they are sometimes used synonymously. Even though it is not necessary, trademarking your company name before creating an LLC is a smart move. A DBA does not offer liability protection for its owners like an LLC does. Last but not least, LLCs in Ohio are subject to an annual fee that needs to be paid by the anniversary date each year.