Many companies operate under a business name other than their registered company name, such as a “fictitious name”, “trade name” or “doing business as” (dba). Although registration of such names with the Secretary of State is not required in Arizona for most businesses, there’s good reason to register and not very good reasons not to.
Registration provides some protection against others using the name (or substantially similar iterations) to compete or create confusion in the industry. Even more importantly, it prevents others from registering the name first—which could result in restricting or preventing your company’s use of the name.
The Arizona registration process is also pretty simple and inexpensive—consisting of the following main steps.
- Check Availability of the proposed DBA or trade name.
To be available, the DBA name must be distinguishable from all other DBAs, trade names, and formal entity names registered with either the Secretary of State or Corporation Commission. The Secretary of State does not register corporate names, which include designations such as Inc., LLC, Ltd., etc. Name searches are available on the Arizona Secretary of State website at www.azsos.gov.
- Registration
Registration can be completed online by submitting an application through the Secretary of State’s Online Trade Name & Trademark Filing System at https://apps.azsos.gov/apps/tntp/index.html. If the application is rejected, the applicant will receive an email detailing the reason or the rejection. Rejections based on the availability of the name are often resolved by slight changes to the name to improve its distinguishability. Processing time for applications is approximately 2-3 weeks.
- Renewal
Once approved, the registration is effective for five (5) years. Registration may be renewed by submitting an application for renewal along with the $10 renewal fee, beginning six months before its expiration date.
Registering your dba or trade name is essential to protect and distinguish your business brand. For more information or if you need help registering contact me at kframe@framelawpllc.com. Frame Law, PLLC provides legal services to small and growing businesses to help them grow and adapt in the ever changing business landscape.