How to Register a Business (and Your Business Name) in 6 Steps

It’s 11 pm, you’ve got seventeen browser tabs open, and you’re three Google searches deep trying to figure out what “registering a business” even means. You already picked your name. You’ve got a logo mockup saved. But every article you read throws around a different term: LLC, DBA, EIN, license, and none of them bother explaining how those pieces fit together or which one you’re supposed to do first. 

Sound familiar? You’re not missing some obvious step everyone else already knows. Registering a business isn’t one task. It’s a handful of smaller ones, and depending on who you ask, “registering a business” might mean forming an LLC, filing a DBA, snagging your EIN, or grabbing a local license. We’re breaking down every piece so you can close those tabs and actually get it done, in order, without the guesswork. 

What Does It Mean to Register a Business?

Let’s back up for a second, because this is where most of that 11 pm confusion starts. “Register a business” gets used as a catch-all phrase for a few different things:

• Registering your business name (through an LLC or DBA)

• Getting your EIN from the IRS

• Applying for state or local licenses and permits

• Registering a trademark to protect your name long term

The good news is that you don’t need to check off every one of these before you launch. If you’ve been stuck in planning mode because you assume your website or your offers aren’t “legit” until the paperwork is done, that assumption isn’t quite right. You can test your idea, make your first sale, and build real momentum before your registration catches up. Once you’re bringing in consistent revenue or working with real clients, though, it’s time to make things official. 

Step One: Choose Your Business Structure

This is the decision everything else gets built on, so it’s worth slowing down here instead of making a choice on autopilot. Most small business owners land on one of two options: a sole proprietorship (the default if you do nothing) or an LLC.

A sole proprietorship requires no paperwork to start, but it also offers zero separation between you and your business. If your business gets sued or racks up debt, your personal assets are the ones on the line. An LLC creates a legal wall between you and your business, which is exactly why most entrepreneurs upgrade to one once things start feeling real. 

Some business owners also operate under a DBA (doing business as), which lets you run your business name under a different name than your legal one without forming a whole new entity.

Step Two: How to Register Your Business Name 

You picked a structure. Now it’s time to make your business name official, and this step looks a little different depending on the path you chose in step one. 

If you’re forming an LLC, your business name gets registered with your state the moment you file your LLC paperwork. That filing is what makes your name official and searchable in your state’s business database. We’ve got a simple walkthrough for filing your LLC if you’re ready to knock this out. 5 Simple Steps to File Your LLC

If you’re going the DBA route, you’ll register your fictitious name separately, usually with your state, city, or county. Requirements vary a lot by location, so check with your Secretary of State’s office to confirm exactly where and how your DBA needs to be filed. 

If you’re a sole proprietor and operating under your own legal name (think Jane Smith Photography, where Jane Smith is literally your name), there’s usually nothing to register. You’re already good to go. But the second you want to operate under anything else, like just “Smith Photography” or a made-up brand name, most states require you to file a DBA, even as a sole proprietor. That’s the trigger to watch for. Skip it, and you could run into trouble opening a business bank account or signing contracts under that name later.

One thing worth knowing before you get too attached to a name: registering your business name legally is not the same as trademarking it. Registration confirms that the name is on file with your state. It doesn’t stop someone else from using a similar name in a different state, and it doesn’t give you exclusive rights nationwide. More on that in step six. 

Still haven’t landed on a name? Here’s how to name a business in 6 steps before you register anything.

Step Three: Apply for Your EIN

Your EIN (Employer Identification Number) is basically a Social Security number for your business. The IRS uses it to identify your business for tax purposes, and you’ll need one to open a business bank account, hire employees, or file certain business taxes.

Good news, this is the easy one. Applying for an EIN is free and takes about ten minutes on the IRS website. You’ll answer a handful of questions about your business structure and get your number immediately. Skip any third-party site that charges you for this step. It should never cost a dime.

Not every business technically needs one (sole proprietors with no employees can often use their Social Security number instead), but getting one anyway keeps your SSN out of paperwork you don’t need it in. For the full picture, including whether you actually need one and what happens if you don’t have it yet at tax time, check out our complete guide to getting an EIN.

Step Four: Handle State and Local Licenses or Permits

This is the piece of registering a business that often trips people up the most, because it’s the most location-dependent step of the whole process. Your city, county, and state each get a say in what licenses or permits your business needs to legally operate. 

A few examples: if you sell physical products, you likely need a seller’s permit for sales tax. If you’re running your business from home, some cities require a home occupation permit. Food, alcohol, and childcare business have their own layers of licensing stacked on top of the basics. 

Run through this search list to cover your bases:

• Your state’s Secretary of State website, for general business licensing requirements

• Your county clerk’s office, for county-level permits

• Your city or municipal government website, for local business licenses and zoning rules

• Your industry’s specific licensing board (think cosmetology, food service, childcare, or contract), if your work falls under one

• Your state’s department of revenue, for a seller’s permit if you sell taxable goods

• Your local zoning office, if you’re running the business from home 

Work through this list before you assume you’re covered. For a full rundown of everything that goes into making your business official, this checklist of steps to take to legally start your business is a solid next step.

Step Five: Open a Business Bank Account 

Technically optional if you’re a sole proprietor, but non-negotiable if you’ve formed an LLC. Mixing your personal and business finances (also known as “commingling funds”) is one of the fastest ways to undo the legal protection your LLC is supposed to give you.

To open your account, you’ll typically need your EIN, your formation documents, and a valid ID. Most banks can get you set up in a single visit, and future you will be grateful you didn’t put it off.

Step Six: Protect Your Business Name with a Trademark

Registering your business name with your state protects it locally. A trademark protects it nationally, and it stops competitors from building a brand that looks or sounds too close to yours. It’s not required, but if your business name is core to your brand (and it usually is), it’s worth doing sooner rather than later, before you’ve built years of brand equity around a name someone else could challenge. 

You don't need to hire a lawyer to file one. Here’s exactly how to trademark your business name yourself in five steps, no legal fees required. And your name isn’t the only thing worth protecting. Here’s a list of other things you might want to trademark as your business grows. 

TLDR: How to Register a Business FAQs

Do I need to register my business before I start selling?

No. You can test your offer and make sales as a sole proprietor before registering anything. Registration becomes important once you have consistent revenue or real liability to protect against.

Do sole proprietors need to register their business?

Only if you’re operating under a name other than your own legal name. If that’s the case, you’ll typically need to file a DBA with your state, city, or county.

How much does it cost to register a business name?

It depends on your state and structure. Filing an LC typically ranges from $50 to $500 depending on where you live. DBA filings are usually cheaper, often under $100. 

Is registering my business the same as trademarking it?

No, registering your business name confirms it’s on file with your state. Trademarking protects your exclusive right to use that name nationwide. Most business owners eventually do both.

Can I register a business name that’s already taken?

Not within your own state if it’s identical or too close to an existing registered name. Always search your state’s business database before you fall in love with a name.

Make It Official (Without the Overwhelm)

Close those seventeen tabs. Registering a business feels like a lot until you break it into pieces, and now you’ve got the full map: structure, name, EIN, licenses, bank account, and trademark. You don’t have to do all six today. Just start with step one and work your way down.

If you want someone to hold your hand through every one of these steps, Lawless to Flawless® walks you through getting your business up and running with modules, videos, and worksheets you can move through at your own pace. And once your business is registered and official, make sure the rest of your legal foundation is just as solid with our contract templates built for your specific industry.