Trade Name Registration
Doing Business Under More Than One Name
IT'S A FACT!
No person or company may do
business in West Virginia under any assumed name unless a trade name registration is filed. This
requirement protects consumers against fraud by connecting each
business name to a person who is responsible for that
business.
What is a Trade Name?
A trade name is any name under which you do
business other than the current official name on your
business registration record. It may be:
-
a completely
different name (for example, "Pizza Rosa" for "BBR,
Inc.");
-
a shortened name (for example, "Kilroy's"
for "Kilroy's River Restaurant, Inc."); or
-
a name which
merely drops the corporate term (for example, "ZZZ Sleep
Systems" for "ZZZ Sleep Systems, Inc.").
These are some important basic principles:
-
The term
"trade name" applies to all references to true name, fictitious name, and DBA
name. An out-of-state company which must use a DBA
name to register in West Virginia because its original name
is not available is not required to separately register the
DBA as a trade name, but the DBA is still considered a trade
name under the law.
-
The law sets no limits on the number of
trade names which may be registered by one person or
company.
-
Trade names are not "protected"
from use by other companies through trade name
registration. To protect a trade name that is in
actual use, a service mark or trade mark application should
be considered.
-
Trade names can be sold or assigned to
another company.
-
When a company ceases to use a trade name, it should
withdraw the registration.
-
When a company is dissolved, terminated or
withdrawn, the trade names owned by that company are
terminated.
-
When a company is revoked, and does not
reinstate within two years, the trade names are also
terminated.
Filing a Trade Name Registration
Application
Before starting to advertise or do
business under another name, register your trade name with the
appropriate office.
-
Individuals, sole
proprietorships, general partnerships and unincorporated
non-profit associations register trade names by filing a
certification of trade name with the County
Clerk of the county where the principal office is
located, or for out-of-state companies, the county in which
most of the business is conducted.
-
Corporations, limited
liability companies, limited partnerships, limited liability
partnerships, voluntary associations and business trusts all
register trade names with the Secretary of State.
How To Apply
Check
name availability |
Search
the
Business
Organizations Data System, then call (304) 558-8000
to confirm availability. A trade name must be
"distinguishable" from other active names. |
Complete
the application
 |
Click
the icon to download
the form in Acrobat Reader format, enter the
information, print two copies, then have an
authorized officer sign the form. Need help?
See Acrobat Reader Help. |
File |
Submit
the application and $25 fee to the Business
Organizations Division. See Ordering
& Payment for more information. |
Withdrawing a Trade Name
West Virginia Code §47-8-4 states: "Upon
discontinuing the use of a registered trade name the certificate
of registration of trade name shall be withdrawn by filing a
certificate of withdrawal with the office of the secretary of
state setting forth the name to be discontinued, the real name,
the address of the party transacting business and the date upon
which the original certificate of registration of trade name was
filed."
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