How to Register Your Business Name and Trademark in the US: A Step-by-Step Guide

Whether you're opening a restaurant, a hair salon, or an online store, two questions almost always come up early: "What if someone else already has my business name?" and "Do I actually need to register a trademark?" The short answer is that a business name and a trademark are two different things — they're registered through different agencies, and they protect you in different ways. This guide walks through the real-world process as of 2025–2026: the steps, the costs, and the mistakes that trip people up. Rules vary by state, so always double-check the latest requirements on your state's official website.

Here's the key distinction upfront: registering a business name is an administrative filing that puts your company on record with the state. Registering a trademark gives you the legal right to use a brand name or logo exclusively — and to stop others from using something confusingly similar. A state-level business name registration can block duplicates within that state, but nationwide protection requires a federal trademark through the USPTO.

Step 1: Choose Your Business Structure — LLC, Corporation, or Sole Proprietor?

Before you register any name, you need to decide how your business is structured, because the structure determines where you file and what you file. For a deeper dive into taxes and licensing, see our guide Starting a Small Business as a Korean American. The three most common choices for Korean-American entrepreneurs are:

• Sole Proprietorship: You operate under your own name (or file a DBA) without forming a separate legal entity. It's the cheapest way to start, but your personal assets are on the hook for any business debts.
• LLC (Limited Liability Company): The most popular structure among Korean-American small business owners. It shields your personal assets from business liabilities and gives you flexibility on how you're taxed. You file Articles of Organization with your state's Secretary of State.
• Corporation: Best if you plan to raise outside investment or issue stock. More paperwork, higher ongoing costs.

LLC filing fees vary widely by state. In California, the Articles of Organization cost $70, but you'll also owe a separate Statement of Information (Form LLC-12) fee of $20 within 90 days of formation — plus a minimum annual Franchise Tax of $800 starting in your first tax year. The first-year exemption that existed in the past no longer applies, so budget at least $890 for your first year in California. Other states are less expensive: Texas is around $300, Florida around $125, and New York around $200 (as of 2026, subject to change). New York, however, comes with a significant hidden cost covered in Step 3. Processing times for online filings are typically one to three business days; expedited same-day processing is available in some states for an additional fee.

Step 2: Search Before You Commit — Is Your Name Already Taken?

Running a business under a name that belongs to someone else can get you sued. Before you fall in love with a name, search two databases:

• Your state's Secretary of State website: Every state offers a free Business Name Search tool. California uses bizfileonline.sos.ca.gov; Florida uses search.sunbiz.org. In Texas, search through the Secretary of State's SOSDirect portal — not the Comptroller's taxpayer search, which is a separate system that often causes confusion.
• USPTO Trademark Search: Search the federal trademark database at tmsearch.uspto.gov (free). The old TESS system was retired in November 2023 and replaced by the current platform. Search not just your exact name but similar-sounding variations and foreign-language translations of your name.

A note for Korean-American business owners: when you romanize a Korean name, it can sound similar to an existing trademark and get rejected. "Hana," for example, already appears in multiple registered marks — always run it through the USPTO search first. While you're at it, check whether your preferred .com domain is available too. Finding out after the fact is an expensive headache.

Step 3: Register Your Business Name — DBA or LLC Formation

If you're forming an LLC, file your Articles of Organization online through your state's Secretary of State website. You'll need: (1) your business name, (2) a registered address including a Registered Agent, (3) a statement of business purpose, and (4) the name and address of each member (owner). A Registered Agent is the person designated to receive official legal documents on behalf of your business. You can serve as your own agent, or hire a registered agent service for roughly $50–$300 per year.

🚨 If you're forming an LLC in New York, budget for the publication requirement — it's not optional and it's not cheap. New York requires LLCs (not just DBAs) to publish a notice of formation in two county newspapers — one daily, one weekly — for six consecutive weeks. After publication, you collect Affidavits of Publication from both papers and file a Certificate of Publication with the state. This must be completed within 120 days of your formation date; the state filing fee is $50. The real cost is the newspapers, which set their own rates. Depending on the county, publication fees range from $230 to $2,350 or more — in Manhattan, expect $1,400–$1,900 on the low end. Many business owners see the $200 formation fee and are blindsided by the publication bill. If you're starting up in Flushing, Queens, or Bergen County nearby, get newspaper quotes before you file.

If you're a sole proprietor operating under any name other than your own legal name, you need to file a DBA (Doing Business As), also called a Fictitious Business Name. This is typically filed with your county Clerk's office. Costs vary but usually run $10–$100, plus $50–$200 for any required newspaper publication, depending on the state.

Step 4: Federal Trademark Registration — Filing with the USPTO

If your business serves customers in more than one state, sells online, or has any plans to expand or franchise, a federal trademark registration is strongly worth pursuing. You apply through the USPTO's Trademark Center at uspto.gov. The old TEAS (Trademark Electronic Application System) was consolidated into Trademark Center as part of a 2025 overhaul.

• Base filing fee: $350 per class of goods or services — as of January 18, 2025, the previous TEAS Plus ($250) and TEAS Standard ($350) tiers were eliminated and replaced with a single fee. All applications now go through Trademark Center.
• Surcharges that can raise your cost: If your application has incomplete information, add $100 per class. If you describe your goods or services using language not found in the USPTO's ID Manual, add $200 per class. If your description exceeds 1,000 characters, add $200 per additional 1,000 characters. To avoid surcharges, use pre-approved ID Manual language and keep your description under 1,000 characters.
• Timeline: Expect three to four months before an examiner is assigned, and twelve to eighteen months for full registration — assuming no oppositions or major office actions.
• What you'll need: An image or word mark, the relevant Nice Classification category for your goods or services, a specimen showing the mark in actual use (product photo, website screenshot, etc.), and your date of first use.

Not using the name commercially yet? You can file on an Intent to Use basis and submit your proof of use later. When you do file that Statement of Use, it costs an additional $150 per class. If you need more time, you can request extensions in six-month increments at $125 per class per extension, up to five extensions (30 months total).

Step 5: Get Your EIN and Verify Business Licenses

Alongside your name and trademark registrations, you'll need an EIN (Employer Identification Number) from the IRS. Apply free at irs.gov — it takes about 15 minutes online and you get your EIN the same day. You need it to open a business bank account, hire employees, and file taxes. Non-citizens with an ITIN can apply online; if you don't have an ITIN, you can apply by fax or mail instead.

Depending on your industry, you'll also need additional licenses. Restaurants need a Health Department permit; salons need a state Board of Cosmetology license; contractors need a Contractor License. Most cities and counties also require a local Business License separate from your state registration. Check your city or county government website for what applies to your specific business type and location.

Common Mistakes to Avoid

• Thinking your LLC registration protects your brand name: It doesn't. Forming an LLC in your state does not create trademark rights. If someone else federally registers the same name first, you could be forced to rebrand — even if you've been operating for years.
• Letting your Registered Agent information go stale: If your Registered Agent address is outdated, critical legal notices can slip through. Any time you move or switch agent services, update your information with the Secretary of State promptly.
• Ignoring post-registration maintenance: A federal trademark doesn't last forever on autopilot. You must file a Section 8 Declaration of Continued Use between years five and six, and renew every ten years under Section 9. Miss these deadlines and your trademark is canceled. Put them on your calendar now.

Resources for Korean-American Business Owners

The USPTO doesn't publish official materials in Korean, but there are solid free resources available. Your local Korean American Chamber of Commerce — particularly in LA, New York, and Chicago — often provides consultations in Korean. SCORE (score.org) offers free one-on-one business mentoring nationwide, and the SBA (sba.gov) has local offices that provide free advising, with Korean-language interpretation available in some areas.

Trademark applications are technical, and mistakes are costly to fix. If your budget allows, hiring a trademark attorney is often the more economical choice in the long run. Attorney fees typically run $500–$1,500 per class, but they significantly reduce the risk of rejection or opposition. To find a Korean-American attorney, start with the National Korean American Bar Association (nkaba.org). Regional chapters operate independently: Southern California at kabasocal.org, Northern California at kabanc.com, Chicago at kabachicago.com, Georgia at kabaga.org, and Washington State at kabawa.org.

To recap the full process: (1) Choose your business structure → (2) Search for name availability (state + USPTO) → (3) Register your LLC or DBA with the Secretary of State → (4) Get your EIN from the IRS → (5) File a federal trademark with the USPTO if needed → (6) Obtain any industry-specific licenses. Always verify current fees and forms directly on official websites — rules and costs can change without notice.

• State business name search: California — bizfileonline.sos.ca.gov | Florida — search.sunbiz.org | Texas — SOSDirect through the Secretary of State (not the Comptroller's taxpayer search)
• USPTO Trademark Search: tmsearch.uspto.gov (the former TESS system was retired November 2023)
• EIN application (free): irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online
• Free business mentoring: score.org | sba.gov
• Korean American Bar Association: nkaba.org (national) — regional chapters at kabasocal.org, kabanc.com, kabachicago.com, kabaga.org, kabawa.org