A filing, not a right
Company & Trading Name Rules in the United States
Filing a trading name in the United States gives you permission to use it, not the right to stop others.
GCC business setup specialists
A fictitious name filing confers nothing exclusive
Registering a trading name — filed with a state or often a county — satisfies disclosure requirements so the public can identify who is behind the business. It does not give you ownership of the name, does not stop a competitor using it, and is not checked against trademarks. Exclusive rights come from trademark use and registration, which is a separate system entirely. Businesses that rely on a fictitious name filing as brand protection have no protection at all.
- Entity name cleared for availability in each relevant state
- Fictitious name filings handled at the right level
- Trademark position checked, because the filing does not protect you
20+
Mainland, free zone and offshore jurisdictions we file in — so the recommendation is based on your activity, not on which authority we happen to be registered with.
7,000+
Companies successfully established.
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Know the difference
Three different things
Only one of them gives you rights.
| Entity name | Fictitious name | Trademark | |
|---|---|---|---|
| Filed with | State of formation | State or county | Federal registry or state |
| What it does | Names the legal entity | Permits trading under another name | Gives rights in the brand |
| Exclusive? | Within that state’s register | No | Yes, within the registered scope |
| Checked against trademarks? | No | No | Yes, on examination |
| Stops a competitor? | No | No | That is its purpose |
| Geographic reach | That state | That state or county | Federal, with use |
Name availability rules, fictitious name filing requirements and the level at which they are filed differ by state and county and change. Trademark rights arise under a separate federal and state system.
How it works
Settling the names properly
Availability, disclosure, then protection.
01
Clear the entity name
Availability checked in the formation state and in any state where you will qualify, since a name available in one may be taken in another.
02
File the trading name
Fictitious name filings made at the state or county level required, so your disclosure obligations are met.
03
Protect the brand separately
Trademark position assessed, because neither of the first two steps gives you anything enforceable.
- Proposed entity name, with alternatives
- The trading name you will actually use
- States where you will operate
- Counties where you will have premises
- Whether the name includes a restricted term
- Whether the name implies a licensed profession
- Any trademark you already hold
- Any trademark conflict you are aware of
- Domain names secured
- Whether the name must match an overseas parent
- Markets where the brand trades
- Whether signage will carry the trading name
Scope
What is included, and what is not
Stated plainly, so nothing is added once the engagement starts.
Included in the service fee
- Entity name availability checks per state
- Guidance on restricted and professional terms
- Fictitious name filings at the correct level
- Trademark register risk check on both names
- Names carried into formation and qualification filings
- Name change filings where needed
- Guidance on disclosure requirements
- Advice on trademark protection
Not included, quoted separately
- State and county filing fees, paid at cost
- Trademark registration, quoted separately
- Trademark clearance searches beyond a risk check
- Domain name registration
- Brand and logo design
- Signage and stationery
- Disputes with prior rights holders
- Publication costs where a county requires it
Verify independently
Relevant US authorities
We file directly with these bodies on your behalf.
Internal Revenue ServiceSecretary of State of the state of formationState departments of revenueUnited States Patent and Trademark OfficeCounty recorder and clerk officesFinancial institutions and their compliance functions
Questions
US names — FAQs
Does filing a trading name protect my brand?
No. It permits you to trade under the name and satisfies disclosure rules. It gives no exclusive rights and is not checked against trademarks.
Where is a fictitious name filed?
At state or county level depending on the jurisdiction, and some counties require newspaper publication. We file at the right level for each location.
Is my entity name protected across the US?
No. Availability is state by state, and a name cleared in one state may be unavailable or already used in another.
What actually protects the brand?
Trademark rights, which arise from use and are strengthened by registration. That is a separate exercise from either name filing.
Can someone with a trademark stop me using my filed trading name?
Yes. A fictitious name filing is no defence against a trademark holder, which is why we risk-check against the trademark register.
Go deeper
More United States services
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