How To Register A Trademark In Ohio
Step 1: Choose Business Structure
Recommended: We typically recommend forming an LLC for most entrepreneurs because this structure comes with personal asset protection, has no double taxation, and is pretty easy to maintain.
If you would like to use a service, read our guide on the best LLC formation services.
Sole Proprietorships and General Partnerships
By default, sole proprietorships operate as the same name as the owner while general partnerships must include the surnames of all the partners.
To use a different name to conduct business, the business owner(s) must file for an Ohio trade name — also commonly referred to as a doing business as (DBA) name.
Step 2: Check Name Availability
When registering a business name, it's important to make sure it's unique and no one else in your state formed a company with it or has control of it online as a domain name.
Domain Name Search
We strongly recommend that you also check to see if your business name is available as a web domain (URL). Even if you don't plan to create a business website today, you may want to buy the web address to prevent others from acquiring that domain name. If the web domain is available then it's likely the name will also be available in a business search.
Ohio Business Name Search
Next, search the Ohio business search tool. This is an important step in the process because your filing will be denied if you try to file for a name already in use.
Search requirements can vary depending on your business needs. For example, a unique and available name is required to:
- File for formal business structures like LLCs and corporations.
- File a DBA name for any business structure.
A state-level name search isn't required for informal business structures like sole proprietorships or general partnerships in Ohio. But, if you decide to register a trade name or DBA name, you'll need to search the database to see if your desired name is unique and available.
Step 3: Form Your Business With the State of Ohio
Once you have selected your business structure and name, you will need to file your formation documents with the state, which will register your business with the State of Ohio.
To register your Ohio LLC, you'll need to file the Articles of Organization with the Ohio Secretary of State. You can apply online or by mail. Read our Form an LLC in Ohio guide for details.
Or use a professional service like ZenBusiness or LegalZoom to form your LLC for you.
To register your Ohio corporation, you'll need to file the Articles of Incorporation with the Ohio Secretary of State. Read our Form an Ohio Corporation guide to learn more.
Additional Considerations
Protect Your Business Name With a Trademark (Optional)
Once you confirm the availability of your business name and secure it, you can choose to apply for a trademark for your business. This typically costs around $225 to $400 plus any attorney fees as well as a renewal fee every 10 years.
While this cost can be high for a start-up or fledgling business, it will give your company brand nationwide protection backed by federal law. That means if others try to do business with the same — or a similar — name as yours, you'll have legal precedent on your side. For most small businesses, this really isn't necessary unless they are thinking of going national.
How to Change the Name of an Ohio Business
Changing the name of a business in Ohio can be done in two ways: by filing for a trade name or by submitting an amendment to the legal name of an existing business.
The first method, filing for a trade name (also known as a DBA name), is the easiest way to operate your business using a different name without needing to change its legal name.
A DBA name is the only way for sole proprietorships and general partnerships to have a different business name. It's also the easiest method for LLCs and corporations to follow because it allows them to avoid filing an amendment or complicating their business operations while enabling them to operate with brand names that don't include the necessary LLC or Inc. suffix required in a legal name.
If you want to change the legal name of your LLC or corporation, however, filing an amendment to the legal name of an existing business is your best option. Here are links to forms for both options:
- Certificate of Amendment for LLCs
- Certificate of Amendment for corporations
Both can be submitted by mail or online to the Ohio Secretary of State along with the $50 filing fee.
Frequently Asked Questions
Do you need a business license in Ohio?
Rather than offering a statewide business license, Ohio requires all businesses to register with the Ohio Secretary of State. In addition, depending on your business, you may need to obtain other applicable licensing.
How much does it cost to start an LLC in Ohio?
Starting an LLC in Ohio it costs $99 to process your Articles of Organization with the Secretary of State.
How long does it take to form an LLC in Ohio?
Processing time to form an LLC in Ohio depends on the current volume of applications, but it typically takes three to six business days.
How To Register A Trademark In Ohio
Source: https://howtostartanllc.com/how-to-register-business-name/register-business-name-ohio
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