What Kind of Lawyer Do I Need? 11 Situations and How to Get Help
This guide walks you through 11 categories of legal issues and how lawyers can help. Many of these issues are covered by a LegalShield® Plan, so talk to a provider law firm about your specific situation.
The four main ways people secure a business name are as an entity formation, a DBA, a trademark, or a domain name.
One of the first (and most exciting) steps to starting a business is finding a name for it. Often, you can operate as a sole proprietorship using your own name. But you don’t get any business registration benefits. If you want to operate using anything other than your legal name, you’ll probably want to secure your business name.
It can be frustrating to find the perfect name, only to learn that it’s already taken. Even if your chosen name is available, registering a business name can protect against others trying to use it. Properly registering your business’s name also makes it easier to grow your business and protect its legal rights.
The naming process can involve up to four different methods. We’ll describe what these methods are and how to use them. We’ll also explain where you can get help if you have questions when choosing a business name.
First things first: Check if your name is actually available
After brainstorming a few business name ideas, you can check to see if they’re available. Several tools are available online for state, federal, and domain level searches.
State level: Search your Secretary of State’s business website. There should be a database where you can search for registered businesses by name.
Federal level: You can search for registered trademarks using the United States Patent and Trademark Office’s (USPTO) Trademark Search system.1 A thorough search requires different combinations of search words and spellings. Start your search with the Wordmark option. This will look for registered marks that contain the search term(s).
Domain level: Businesses can register domain names using a registrar service. You can find accredited registrars on the Internet Corporation for Assigned Names and Numbers (ICANN) website.2 Also, complete an online search for existing social media handles or usernames.
When completing these searches, search for variations of your potential business name. This includes alternate spellings and partial name searches. Lastly, have two or three backup alternatives in case your first choice isn’t available.
Four ways to secure your business name
You can choose from several methods. Which one you choose can depend on the structure of your business and how you plan to market it.
For instance, if you rely on a unique name for your business, you might want to trademark it. If you just use your personal name as your “brand,” then a trademark probably isn’t necessary. Here’s a summary of four types of name registration:
Registration method
Best for
Scope of protection3
Entity formation
LLCs and corporations
State-level: Prevents others from forming a business with that exact name in your state
DBA (doing business as)
Companies that want to operate under branding or with multiple divisions
Local/State-level: Does not provide liability protection, but allows for brand recognition
Federal trademark
National brands, e-commerce, and high-growth startups
State or national: You can register a trademark at the national level, and most states have state-level registrations
Domain name
Any business with a website
Global (Digital): Does not provide protection, but prevents others from creating matching domain names
Register an entity name
During entity formation or incorporation, the name you choose is a key requirement. It’s handled at the state level; you can search for names and apply with the secretary of state. Each state has different rules about words you can and can’t use, plus how to identify your business type. Once registered, other businesses in the same state can’t register the same business name as yours.
File a DBA (Doing Business As)
A DBA is an additional name for a business that’s different from its legal name. If you want to use a name publicly that’s different from your legal business name, you can register a DBA.
For example, a sole proprietor often operates under their personal name. If they don’t want to use their personal name, a DBA is an option. Or a company in one particular industry might wish to branch out into a new and unrelated business but use the same legal entity for operations. Creating a DBA makes all of this possible without having to set up a new LLC or corporation. However, a DBA offers no liability protection for the owner.
Get a federal trademark
Registering a trademark allows you to legally enforce your rights if any other entity in the U.S. uses it. Trademarks can be words, phrases, symbols, sounds, colors, or a combination.4 You can also register trade dress, which are product characteristics like shape and packaging, as long as they are non-functional and clearly distinctive.
It’s possible to have limited trademark protections without federal registration, but they are harder to enforce. When you use your business or brand name, you gain certain unregistered protections, but you should speak to a lawyer to understand how far they extend.
While trademark protection is robust, trademarks require you to actively use and defend them. If you don’t, you could lose protection. Your responsibility to your trademarks can become a significant business expense.
You want to expand your business to other states and you rely heavily on its brand for marketing to new customers.
You want the option to generate income by licensing your business name to other entities.
You worry about other businesses using a brand or business name that’s confusingly similar to what your business uses.
Most of your business’s sales occur online.
Trademark registration and enforcement has a cost, so as a business owner, you must weigh the benefits of a federal registration against cost and ongoing administration. Intellectual property and trademarks are complex topics, so you should consult a lawyer to understand your options, rights, and responsibilities.
Secure your domain name
If you want your business to have an online presence, it’s important to have a website address (domain name). Ideally, this domain name will relate to the business’s name or brand.
Register your domain as soon as you can. This is important because anyone can buy an unclaimed domain. Sometimes people will register domain names for profit and try to sell them back to you.
Domain names can have multiple “extensions,” and each version is unique. For example, if you register “verycoolbusiness.com” someone else can register “verycoolbusiness.org” or another extension like .ai, .net, .co, .io, etc.
You can register multiple common versions of your business’s domain name and then “redirect” them to your main website. That means that when someone types “verycoolbusiness.net” their browser sends them to “verycoolbusiness.com” instead.
Where to get help with your business name
If you need help protecting your business name, a lawyer can explain the various options and let you know which approach might be best for you. LegalShield® provider lawyers can answer your questions about business names and trademarks. For example, it might be better to register a DBA instead of creating an LLC or applying for a trademark.
A provider lawyer can also offer guidance as your business grows. Having a provider lawyer review contracts and vendor agreements can help protect the rights of your business. Get started today with a LegalShield® Small Business Plan.
Frequently asked questions
How much does it cost to register a name?
The cost to register a business name depends on the type of registration. It’s normally cheaper for something like a domain name or DBA registration. Costs will usually be higher to form an entity, as that includes the process of setting up an LLC or corporation plus other expenses like preparing an operating agreement or bylaws, and other documents required by law. Filing for a trademark also has a significant cost, as fees include filing, grant, and maintenance fees during the life of the trademark.
Is registering a business name the same as starting an LLC?
Registering a DBA isn’t the same as starting an LLC. Starting an LLC forms a business with liability protection. This is different from a DBA, which is simply legal recognition for a name that’s different from the business’s legal name.
Can I change my business name later?
Yes, you can change your business name later. The exact process depends on your business’s current form and what you’re trying to change.
If you’re trying to change your business’s legal name, you’ll likely need to file an amendment with the state, update your bank accounts and EIN, amend your contracts, and other administrative changes. If you want a new name for marketing reasons, then you can file a new DBA at the state or local level.
Do I need a lawyer to register my name?
It depends on what method of registration you are pursuing. In some cases, you might feel comfortable filing a DBA with the state or purchasing a domain name. But forming an entity or filing for a trademark are more complex legal activities, so consulting with a lawyer is a good idea.
Pre-Paid Legal Services, Inc. (“LegalShield”) provides access to legal services offered by a network of provider law firms to LegalShield members through membership-based participation. Neither LegalShield nor its officers, employees or sales associates directly or indirectly provide legal services, representation, or advice. Small Business Legal Plans and certain benefits are not available in all states. See a Small Business Legal Plan contract for a specific state for complete terms, coverage, amounts, and conditions. The information made available in this blog is meant to provide general information and is not intended to provide legal advice, render an opinion, or provide a recommendation as to a specific matter. The blog post is not a substitute for competent legal counsel from a licensed professional lawyer in the state or province where your legal issues exist, and you should seek legal counsel for your specific legal matter. Information contained in the blog may be provided by authors who could be a third-party paid contributor. All information by authors is accepted in good faith, however, LegalShield makes no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of such information.
Content Specialist at LegalShield, creating educational resources about legal and consumer protection topics. She focuses on making complex legal and financial concepts accessible to readers and has contributed to various educational articles on consumer rights and protections.
We’ll talk about how to start an LLC for real estate, and go over some concerns about personal liability in case something goes wrong.
•
5 min read
Author Name
,
Author Title
June 12, 2026
Small Business
5 min read
How to Move an LLC to Another State: Your Options Explained
There are generally four approaches: domestication, foreign qualification, dissolution/formation, and merger. Let’s take a closer look and discuss how you can prepare before the move.
•
6 min read
Author Name
,
Author Title
June 10, 2026
Small Business
5 min read
5 Advantages of Incorporation for Your Business
Incorporation is the legal process of turning a business into a “legal person” that’s separate from you. An incorporated business can own property, pay taxes, and sign contracts under its own name.
•
5 min read
Author Name
,
Author Title
June 5, 2026
Small Business
5 min read
Registered Agent Responsibilities: What Do They Do?
Your registered agent is your business’s official point of contact, and you need one in every state where your company is formed or registered.
•
8 min read
Author Name
,
Author Title
June 4, 2026
Small Business
5 min read
How to Form an LLC in Tennessee: A Simple Step-by-Step Guide
We’ll cover all the steps and even tell you about more things you’ll need to do after your LLC filing in Tennessee.
•
6 min read
Author Name
,
Author Title
June 2, 2026
Small Business
5 min read
What Are Articles of Organization? A Quick Guide
Your LLC won’t officially exist until the state accepts your Articles of Organization. You’ll need the filed document to open LLC bank accounts, apply for business licenses, and sign contracts.
•
5 min read
Author Name
,
Author Title
June 2, 2026
Small Business
5 min read
How To Pay Yourself From An LLC and Related Tax Considerations
While this guide gives you useful information about paying yourself from an LLC, it is recommended that you consult with a CPA or an accountant so your LLC is set up with the best tax classification to meet your needs and maintain compliance with IRS regulations.
•
10 min read
Author Name
,
Author Title
June 2, 2026
Small Business
5 min read
What Is a Corporate Record Book? A Guide for Business Owners
Running a corporation, no matter how small, requires ongoing documentation. Without a comprehensive record book, it’s harder to find and follow your corporate rules and meet reporting requirements.
•
7 min read
Author Name
,
Author Title
June 2, 2026
Thank you! You're subscribed!
Oops! Something went wrong while submitting the form.