Choosing a Name for Your New Michigan Business
Many entrepreneurs do not understand that the process of naming their new venture involves a number of legal considerations. These considerations are both procedural and substantive, and depend on the type of entity that is being named.
Where a business files its name depends on its legal structure. Michigan sole proprietorships and partnerships must file their names with the county clerk in the county where the business is located. These businesses must also file their name in any other county in which they have an office or conduct business. The name for these kinds of businesses cannot be the same as any business names already on file with the county clerk where the filing is made. County clerks are also supposed to refuse name filings if a business's name will cause confusion or deception.
All other types of Michigan business entities must file their name with the State of Michigan and choose a name that is distinguishable on the records of the state administrator from other active business names. The phrase "distinguishable on the records of the administrator" has been defined by guidelines promulgated by the State of Michigan. In short, a name is distinguishable if it has a different sequence of letters or numbers from other names. It is important to note that just because a name is accepted for filing by the State, you still may not have substantive rights to the use of that name, as it may infringe on the trademark or other type of protection previously granted to another business.
It is important to exercise caution in choosing a business name in order to avoid infringing on the names already filed with a Michigan county clerk or filed with the State by another business, or being used by another being used as a trademark, service mark or trade name. To provide you with the maximum protection, a Michigan business lawyer should be consulted whenever a new business is being named.
