Starting a business is exciting — until you encounter the paperwork. Suddenly, reality sets in: forms, government websites, legal terminology, fees, and rules that differ by state.

The good news is that registering a business name in the United States can be straightforward once you understand the necessary steps. Most mistakes entrepreneurs make arise from completing the steps out of order, rather than the steps themselves being problematic.

This guide will lead you through the correct sequence of actions to help you avoid wasting money, losing your desired name, or unintentionally putting your personal assets at risk.

Table of Contents

Step 1 — Decide If You Even Need to Register a Name

Many beginners overlook this step and end up filing unnecessary paperwork.

If you are operating under your own legal name, registration may not be needed, depending on your business structure. For example:

– John Smith: No registration required

– John Smith Marketing: Registration required

Understanding this is important because a business name is only necessary if you are operating under a different commercial identity.

Step 2 — Choose Your Business Structure FIRST

The process of registering your name relies entirely on the established structure and guidelines. This means that how your name is organized or formatted determines whether the registration is successful.

It’s important to follow the required format to ensure that your name is registered correctly.

Structure	Name Registered Where	Liability Protection
Sole Proprietor	Local/county DBA	❌ No
LLC	State filing	✅ Yes
Corporation	State filing	✅ Yes

The way you structure your organization influences taxation, management regulations, and asset protection.

Important: A DBA name does NOT protect your assets — only an LLC or corporation does.

Step 3 — Search the Name (The Step That Saves Lawsuits)

Before registering, you must confirm the name is available in THREE places:

State business registry
Federal trademark database
Web domain availability

States only check local business filings — not trademarks.

Meaning:
You can legally register a name… and still get sued.

Step 4 — Register the Name (DBA vs LLC)

Option A — DBA (“Doing Business As”)

Used when you want branding without forming a company.

Typical process:

File paperwork with county/state
Pay filing fee ($10–$100 typical)
Sometimes publish in newspaper

A DBA is basically a nickname for your business.

Good for:

Freelancers
Testing business ideas
Temporary projects

Bad for:

Liability protection
Credibility
Loans

Option B — LLC Name Registration

This is the most common modern route.

Steps:

File Articles of Organization with your state
Pay filing fee (varies by state)
Your name becomes legally protected in that state

This officially creates the business entity.

Internal link opportunity

Step 5 — Apply for an EIN (Your Business SSN)

After registering, apply for an Employer Identification Number.

You need it for:

Bank accounts
Taxes
Payment processors

The EIN acts as your business tax ID.

Step 6 — Register for Taxes and Licenses

After the name is legal, your business still isn’t operational.

You must register for:

State tax accounts
Sales tax (if applicable)
Industry permits

Business registration and tax registration are separate processes.

Step 7 — Open a Business Bank Account

Never skip this step.

Mixing personal and business money can destroy liability protection — even if you formed an LLC.

Step 8 — Protect the Name (Optional but Powerful)

State registration protects you locally — not nationally.

To own the name nationwide:
Register a trademark.

This prevents competitors from copying your brand identity.

Common Mistakes That Cost New Entrepreneurs Money

1) Registering a DBA thinking it protects assets

It doesn’t.

2) Forming an LLC before checking domain availability

You’ll be forced to rebrand later.

3) Opening a bank account before EIN

Banks require EIN for verification.

4) Skipping a written operating agreement

Courts can “pierce the corporate veil” without it.

The Correct Order (Save This)

Decide structure
Search name
Register entity or DBA
Get EIN
Open bank account
Register taxes/licenses

The SBA also lists registration as a core launch step in the startup process.

Final Thoughts

Registering a business name isn’t hard.

It’s procedural.

Most entrepreneurs struggle not because the process is complex — but because they treat it emotionally instead of sequentially.

Treat it like a checklist, and the legal side of business becomes predictable.

The Digital Income

A Step-by-Step Guide on How to Register Your Business Name