Selecting a Business Name in Illinois

Veteran Business Law Attorneys in Barrington, Inverness, Algonquin, and Throughout the Area

Individuals choose names for their businesses for many different reasons. Many choose a name associated with their own name or one that summarizes their industry or indicates the type of business they conduct. At Lucas Law, we represent business clients with superior legal guidance in the many aspects of business law and have been doing so for over 35 years. We assist clients in verifying with the state and local counties to be sure another business does not have the same, or similar name registered. Further, we check the status of the logical Internet domain(s) to avoid potential conflicts.

Illinois State Law and Procedure

The General Assembly clearly defines the laws concerning business naming in the Assumed Business Name Act (805 ILCS 405). Registered business names that are different from simply the name of the owner, are referred to as "assumed" names. The office of the clerk within the county of operation facilitates the registration process in accordance with Illinois law. The application and certification process has four key components:

• Completing the application, this includes the contact details of the owner(s). There is a $50 application fee required for this process. If conducting the application process online, a copy should be printed, signed by the owners, and notarized.
• A legal notice indicating the intention to establish the business name must be completed. This requires publication in the local newspaper within a period of 15 days. The minimum requirements for publication are once per week for a period of three weeks.
• Proof of publication must then be forwarded to the office of the clerk within 50 days following registration.
• The clerk will issue an Assumed Name Certificate to conclude the process. If visiting the office in person, generally the document can be given to you that day.

Those Required to File

Who is required to register the name of their company with the county? These include those operating as a Sole Proprietorship, a General Partnership, or a Professional Services Corporation. A lawyer familiar with business or corporate law may be an excellent source for defining these entities of business structure, and guiding you in determining the best option for you. Those who are not required to register with the county are Limited Liability Companies (LLC), Limited Liability Partnerships, Limited Partnerships, and Corporations.

Other Naming Considerations

There are many potential considerations that may factor into your decision making when choosing a name for a business. The concept of brand identity involves a group of ideas and features that an organization wishes to project within the marketplace. This identity may be designed to create some association between the company and their service or product offerings. One common problem which arises in name selection is whether another business or brand exists that already has the same name, or one closely similar. This is of particular importance if the existing company is operating within the same or a similar industry. For example, The "United Roofing Company" is very unlikely to consider that the "United Printing Company" is somehow infringing on their brand or likeness. On the contrary, The "United Roofing Company" and "United Roof Company" could certainly present a potential conflict.

Whether you are amid the process of starting a business, or have your organization already established, the business attorneys at Lucas Law. are prepared to review, analyze and advise on related legal matters. Those seeking experienced legal representation can contact us today at 847-381-8700. We serve those in the northwest regions of Chicago including Barrington, Inverness, Algonquin, Palatine, Cary, Fox River Grove, Kildeer, Wauconda, Island Lake, Lake Zurich, Tower Lakes, Hawthorn Wood, and the surrounding communities.