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title: “Utah Business Name Registration Guide”

slug: “utah-business-name-registration”

category: “Business Law”

description: “Complete guide to registering a business name in Utah including DBA vs entity name, business name availability search, Utah Division of Corporations filing, and trademark considerations.”

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Utah Business Name Registration Guide

Choosing and registering a business name is one of the first and most important steps in starting a Utah business. Your business name is how customers find you, how the government identifies you, and how you build your brand. But the process of registering a business name in Utah involves several distinct steps, and the requirements differ depending on your business structure and goals.

This guide covers everything you need to know about Utah business name registration. For help choosing and registering your business name, consult a business lawyer who understands Utah naming requirements.

Understanding the Difference: Entity Name vs. DBA

Before registering a business name, it is important to understand the two types of name registration in Utah.

Entity Name

An entity name is the legal name of your business as registered with the Utah Division of Corporations. If you form an LLC, corporation, limited partnership, or LLP, the entity name is the official name on your formation documents. This name must be unique and distinguishable from all other entities registered in Utah.

DBA (Doing Business As)

A DBA, also called an assumed business name or trade name, allows you to operate under a name different from your legal entity name. For example, if your LLC is named “Smith Holdings LLC” but you want to operate as “Smith Consulting,” you would register a DBA.

Sole proprietorships and general partnerships must register a DBA if they operate under any name other than the owner’s legal name.

Step 1: Choose Your Business Name

Utah Naming Requirements

Utah law requires that your business name:

• Be distinguishable from existing entity names on record with the Utah Division of Corporations
• Not imply a purpose that is illegal or inconsistent with your business
• Include required identifiers (e.g., “LLC,” “Limited Liability Company,” “Corporation,” “Inc.”) for entities
• Not include words restricted to specific types of businesses (e.g., “Bank,” “Insurance”) without proper authorization

Trademark Considerations

Before settling on a name, search the USPTO trademark database to ensure your name does not infringe on existing trademarks. Even if your name is available in Utah, it could violate federal trademark rights held by another business.

Domain Name Availability

In today’s digital world, securing a matching domain name is essential. Check domain availability before finalizing your business name.

For more on the initial steps of starting a business, read Starting a Business in Utah: The Complete Guide.

Step 2: Search for Name Availability

The Utah Division of Corporations maintains a searchable database of registered entity names. You can search the database online for free to determine if your desired name is available.

Name availability is determined on a case-by-case basis. The Division will reject a name that is not distinguishable from an existing name. Minor variations like different punctuation, spaces, or identifiers (e.g., “LLC” vs. “Corporation”) generally do not make a name distinguishable.

If you are unsure about name availability, a business lawyer can conduct a thorough name search and advise on alternatives.

Step 3: Register Your Entity Name

For LLCs, Corporations, and Other Entities

To register your entity name, file the appropriate formation documents with the Utah Division of Corporations:

• LLC: File a Certificate of Organization
• Corporation: File Articles of Incorporation
• Limited Partnership: File a Certificate of Limited Partnership
• LLP: File a Statement of Qualification

During the filing process, you will specify your entity name. Once approved, your name is reserved for your exclusive use in Utah.

Name Reservation

If you are not ready to file your formation documents but want to reserve a name, you can file a Name Reservation application with the Division of Corporations. A name reservation holds the name for 120 days.

Step 4: Register Your DBA (Assumed Business Name)

Who Needs a DBA in Utah

You need to register a DBA in Utah if:

• You are a sole proprietor operating under a name other than your legal name
• You are a partnership operating under a name other than the partners’ names
• Your LLC or corporation wants to operate under a different name

How to Register a DBA in Utah

DBAs are registered with the Utah Division of Corporations. You must file an Application for Registration of an Assumed Business Name and pay the filing fee. The registration is valid for five years and must be renewed.

Some Utah counties also require DBA registration at the county level. Check with the county clerk in the county where your business is located.

Step 5: Protect Your Business Name

Trademark Registration

While registering your entity name with the Utah Division of Corporations prevents other Utah businesses from using the same name, it does not prevent businesses in other states from using it. For broader protection, consider federal trademark registration with the USPTO.

Federal trademark registration gives you exclusive rights to use the name nationwide in your industry and provides legal remedies for infringement.

Ongoing Use

To maintain your rights to a business name, you must use it in commerce. Abandonment of a name can result in loss of rights. In Utah, you must also file annual reports to keep your entity and name registration active.

Common Name Registration Mistakes

Avoid these common pitfalls:

• Not searching before filing: Always search existing names and trademarks first
• Using a name that is too similar: Even if not identical, a confusingly similar name can cause legal problems
• Failing to register a DBA: Operating under an unregistered name can violate Utah law
• Ignoring trademark issues: Federal trademark rights can trump state registration
• Not securing the domain name: Register your domain name as soon as you choose your business name

For full guidance on forming your business, see How to Form an LLC in Utah.

Frequently Asked Questions

How do I check if a business name is available in Utah?

Search the Utah Division of Corporations online business name database. You should also search the USPTO trademark database and check domain name availability.

How much does it cost to register a business name in Utah?

Entity name registration is included in your formation filing fee (around $70 for an LLC). DBA registration costs approximately $20 to $30 for a five-year registration.

Do I need a DBA if I form an LLC in Utah?

Not if you operate under the exact LLC name. If you want to operate under a different name, even for a specific product line or division, you need a DBA.

Can I change my business name after registration?

Yes. You can file Articles of Amendment or a Certificate of Amendment with the Division of Corporations to change your entity name. You may also register a new DBA.

Does registering a business name in Utah give me trademark rights?

State registration gives you rights within Utah against other businesses using the same name. For nationwide protection, you need federal trademark registration.

What if someone else is using my business name in Utah?

If they registered it first, you cannot use it. If you registered first, you may have grounds to object to their use. Consult a business lawyer to explore your options.

Jeremy D. Eveland, MBA, JD | 17 North State Street, Lindon UT 84042 | (801) 613-1472