What am I legally allowed to call my 'company'?


0

I'm a student, and I'm interested in making apps/websites. Thus, I registered for a Student account with App Hub {WP7 dev program.} I also made a website where people can play my HTML5/JS based game.

In order to pay for some expenses, I made some of my WP7 games paid. I also created a website for my 'company'. It's just that - a 'company'. App Hub has me listed as a student developer. My name for the WP7 marketplace is 'XYZName' - not 'XYZName Corporation' or 'XYZName Corp' or 'XYZName LLC' or 'XYZName Ltd.'

However, I am now wondering what I am allowed to call my 'company'. I have no desire to go get any papers or make it legally a company - that would take more time, money, and resources than the benefits the app-making provides. As you might infer, it's simply me that's part of this 'company'.

Thus: What could I call my company if I really wanted to? XYZName LLC? XYZName Corp?

If it makes a difference, I live in New Hampshire.

LLC Naming Corporation

asked Apr 11 '12 at 10:57
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Java And C Sharp
101 points
Get up to $750K in working capital to finance your business: Clarify Capital Business Loans
  • @Ryan Doom: 2 questions: 1)How long would this take? 2)Is there a limit on how old you must be to do this? – Java And C Sharp 12 years ago
  • I'm 95% sure you need to be 18. – Ryan Doom 12 years ago
  • @Ryan Doom: Great! How long does this usually take? – Java And C Sharp 12 years ago
  • Been awhile since I've done one but you will essentially be doing business as yourself - so you'll file some extra paperwork for tax purposes but you should get some paperwork back in 2-3 weeks is my guess. – Ryan Doom 12 years ago

2 Answers


1

The only thing you are legally allowed to do is sell stuff as yourself, ie, under your own name.

Suffixes like "Corp" and "LLC" have very specific legal meanings so you can't use them unless you create a real company under state law.

A relatively simple option is to create a DBA. This likely also requires some paperwork with state or local government.

answered Apr 11 '12 at 12:01
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Kekito
1,936 points
  • So, I can call my company XYZName, but not XYZName Corporation or XYZName LLC? – Java And C Sharp 12 years ago
  • Selling under XYZName would be a DBA and you need to comply with state/local law for that (seems silly in the Internet age). You could sell a product called XYZName where you as an individual are the seller. – Kekito 12 years ago
  • so if John Doe calls his company SuperDuperAwesomeApps, he needs a DBA to do this? Wouldn't this mean a lot of the app developers on the main app stores are illegally using their 'names'? – Java And C Sharp 12 years ago
  • Yes (in most states) and yes. I doubt that anyone ever gets in any trouble for breaking this law however... – Kekito 12 years ago
  • ...but this contradicts the other answer here! Huh? – Java And C Sharp 12 years ago
  • That doesn't contradict my answer. Most states **do require** that you register a DBA/trade/fictitious name. Also, the rule breaking goes further than you think. According to the enrollment terms for the Mac App store, they "do not accept DBAs, Fictitious Business or Trade names"... but we see pseudonyms galore! – Faraz 12 years ago
  • @faraz.yashar: So you're saying that NH does not require you to register a fictitious name? – Java And C Sharp 12 years ago
  • To quote my answer: "New Hampshire not only requires one to register a trade name but also charges a fee of $50." Be sure you'll be able to use the DBA before you invest in one: again Apple, for example, does not permit DBAs from _any_ state. – Faraz 12 years ago

1

The US Small Business Administration has an extremely comprehensive page on registering a fictitious name which contains a chart showing the DBA filing requirements for several states. Some states do not require filing. New Hampshire, not only requires one to register a trade name but also charges a fee of $50.

The specific laws surrounding trade names can be found in Chapter 349 of the New Hampshire statutes.

To answer "What could I call my company if I really wanted to?" whatever your heart desires that does not include word/phrases like these:

  • same as or likely to be confused with existing entities registered to do business in the state regardless of whether the were formed in NH
  • same as or likely to be confused with a reserved name
  • same as or likely to be confused with a a registered political party
  • contain "farmers' market" unless 2+ "vendors of agricultural commodities" gather to sell things to the public (I don't kid)
  • same as or like an agency or instrumentality of the United States/NH/subdivisions
  • "junior college" "college'' "university" or related to higher learning unless your institution provides as such
  • "corporation" "incorporated" "limited"; "corp." "inc." "ltd." or "words or abbreviations of like import in another language"
  • "professional corporation," "professional association," "Prof. Corp." "Prof. Ass'n" " P.C.", or "P.A."
  • "farm" "farmers' market" "agrotourism" unless applicable
  • cooperative

  • "limited liability company", "L.L.C."
  • "limited partnership"
  • "limited liability partnership", "L.L.P.'' or "LLP" near the end of the name
Note: this list was compiled from NH Statutes, so if you really can't let go of a name like "agrotourism" try registering elsewhere. Since you're on the web (read: not really in NH), you may be able to register elsewhere. I'm really not sure of the stipulations however.
answered Apr 11 '12 at 21:05
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Faraz
113 points

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