The name you choose for your Massachusetts business does more than just appear on a website or on a sign on your door. Your name shapes how customers and prospects see you, as well as what you may be legally able to do. The Commonwealth, like most states, also has specific rules about which names are available and which words you can or cannot use. Before you fall in love with your new name, it is worth this short read to be sure the name is memorable, compliant, and supports your brand for years to come.
The Value of Your Business Name
The name you choose for your new business should reflect your brand and align with the products and services you offer. Once you have finalized your choice, your next step is to protect it. There are four main ways to register a business name, each with a separate purpose; some are optional, while others may be required depending on the entity, structure, and location.
- Entity name protects you at the state level.
- Trademark protects you at the federal level.
- Doing business as (DBA) doesn’t give legal protection, but it might be legally required.
- Domain name protects your business website address.
Each of these name registrations is legally independent. Most small businesses try to use the same name for each kind of registration, but you’re not legally required to do so. SBA.gov
What Are Business Name Differentiators?
In Massachusetts, minor changes like adding a specific word, a punctuation mark, or a small variation are often not enough to distinguish your entity name from an existing one. A company’s legal, non-brand name identifiers are the structural and jurisdictional methods that differentiate one company from another in government records. They have a unique name to prevent confusion among the public for contractual purposes.
The State will review whether your proposed name is the same as, or so similar that it is likely to confuse the public for another entity’s name. For example, if there is already a ‘Computer, LLC’ on record, a name such as ‘Computer 1 Boston, LLC’ is still considered too similar because the name’s main distinctive part, ‘Computer’, hasn’t changed. Therefore, you should not rely on a small ‘tweak’ to make an otherwise identical name appear different in the eyes of the state.
Restricted Words in Business Names That Require Approval
In many states, including Massachusetts, restricted words like bank, banking, insurance, trustee, lawyer, or university, to name a few. These require additional approval, whether it be naming approval or regulatory board approval for licensing. Documents will need to be retrieved from these divisions, stating that their requirements have been satisfied, prior to registering those documents with the commonwealth, along with the formation documents.
When You Need a DBA (Doing Business As)
You might need to register your DBA, also known as a trade name, fictitious name, or assumed name, with the state, county, or city where your business is located. Registering your DBA name doesn’t provide legal protection by itself, but most states require you to register your DBA if you use one.SBA.gov
A forced DBA is required for all Corporations (foreign, domestic, and non-profit) if the name is not available in the Commonwealth. The DBA must be filed with the city where they are doing business. If they do not have a location in MA, they can use the registered agent’s address with permission. Most municipalities require a letter of permission to accompany the DBA form, and it must be notarized before submission if submitted by mail, in person, or as a scanned copy. DBAs cannot have a corporate ending such as Corp., Inc., LLC, Ltd., P.C., or PLLC, and the name cannot conflict with any other name registered with the commonwealth.
For other entities that are not corporations, there is an item in the formation document that simply lets you write the name they will transact business in the Commonwealth. Again, it cannot conflict with any previously registered entities.
Identify your DBA requirements according to your location. Since rules vary by your business structure and local jurisdiction (e.g., state, county, or municipality), consult your government offices or contact a Success Partner at Corp1 for information.
Letter of Consent for Name Conflicts
A letter of consent for a business name conflict provides written permission from an authorized officer or representative of the existing business, allowing a new business to use a similar name. The consent letter must include original signatures and cannot contain any restrictions, conditions, or stipulations. Any restrictions or conditions should be documented separately between the involved parties. The letter should clearly state that consent is granted to use a similar name. The letter is then submitted with the formation documents. Please note that requirements may vary by state.
What to Do After You Choose Your Business Name
Now that you have chosen a name and there is no conflict requiring a DBA, it is time to form your new entity with the State of Massachusetts.
- Search Massachusetts Corporations Division records to ensure no one else is using the name or a confusingly similar name.
- If a corporation or other business entity wishes to reserve a corporate name prior to incorporating or filing a certificate with the Corporations Division, a name reservation may be filed. The filing fee is $30 and can be reserved for 60 days. An additional 60 days can be reserved for an additional $30. After 120 days, it cannot be renewed.
- Decide on your corporate structure. If you are forming an LLC or corporation, your selected name will appear on your formation documents.
- Choose a registered agent. Corp1 is a registered agent designated by your corporation, nonprofit, or LLC to receive service of process, tax notices, or information, and other necessary correspondence.
- File your documents with the Commonwealth of Massachusetts.
- Once you have received your filing receipt, you can apply for an EIN and order your corporate kit.
With over 30 years of corporate experience, the Success Partners at Corp1 can help you establish your new business in Massachusetts and all 50 states. Spend a few moments with us and schedule a call to bring your business to life. It’s what we do and, more importantly, what we love to do.
Resources: SBA.gov, Secretary of the Commonwealth of MA, Sample Letter of Consent,