When you finally decide on the name for your business, you want to make sure that no one else can use that name. If after doing your search, you find that your business name is available you will then want to file for a fictitious business name. Filing for a fictitious business name allows you the legal rights to that name. If you use any name other than your legal given name you must file for a fictitious business name.

The steps to filing for a fictitious business name are as follows:

1) Fill out the Fictitious Business Name Form provided by your County Clerk (the department for filing a fictitious business name may differ in your area).

2) Send in the form with the required fees.

3) They will then send the form back along with a receipt of payment. The form will be stamped stating that it was filed on a certain date.

4) You are then required to place an ad in a local newspaper, one day a week for four consecutive weeks. This informs other businesses that you have filed your specific business name and will be doing business within this area.

5) After four consecutive weeks, if no one has disputed your name, the newspaper will then send you a copy of the ad that was placed along with proof of publication. The form will also be stamped stating that it was filed with the County Clerk’s Office.

Obtaining a fictitious business name should be the first step before applying for a business license. This is due to the fact that you want to make sure that the name you chose is available before placing that name on your business license. While you have already checked the availability in your local phonebook and the internet, you may come to find that it is not available when you file for a fictitious business name. In other words, you may be informed of someone who may dispute that they use that name in another form of business that you were not aware of, and therefore, you will not be able to continue using this name. You then will have to go back to the drawing board and choose another business name. Once your fictitious business name has been approved you can then take the next step and apply for a business license.

While applying for a fictitious business name may seem challenging, it’s not. It is actually quite simple. It is not a step that you should overlook. You want to protect your business in every way possible, and that includes your business name. You worked really hard to come up with a name that you like. Don’t lose it. File for a fictitious business name. You will be happy that you did.