Can I register a cancelled business name? It's difficult to know the availability of a company name as each state has its own regulations to determine if a name is considered abandoned and whether another company can use that name.

Every state has a business statute which allows a company to transfer a business name to another by documenting this in writing.

Steps to Acquiring a Cancelled Business Name

  • If you can track down the business with the name it no longer uses, you can talk to the owners about transferring the name.
  • Once you've done this, you can send in proof of the agreement to the state's registrar once you file your businesses' formation document.
  • If you can get a hold of a written statement which gives you permission from the past owner it can be enough to use the abandoned business name in many states.

State Registration

The state is responsible for checking to see if the business name is available for use. If you know the name is no longer in use and has been abandoned by its owners, send a formation document for your business with the name and the state will let you know if it's not available.

If the name was ever registered with the state it will be in the entity database. The company will typically be determined to be dissolved or inactive. If it's dissolved you can more than likely use the name, but if the business is inactive the state may not let you use the name.

Many states have a waiting period before inactive or dissolved companies' names can be used by others, as inactive businesses do have a time period to reactivate. Many states have laws in place that require businesses who stop operating to cancel their name registration or DBA.

It's not advisable to use an abandoned name as the original business may have trademarked its name with other states or at the federal level. If you try to use the name in other places you can find yourself in legal problems. The best thing to do is negotiate for the worldwide rights to the name. If you can't find the person to give you written permission, it's best to use another name.

Steps to Filing a Fictitious Name Renewal

To file a fake name renewal you have to:

  • Go over the instructions to file a fictitious name renewal.
  • Pay with a valid method.
  • Gather the information needed to complete the form which includes the registration number.

Payment methods for a renewal of a fictitious name include:

  • Debit Card (MasterCard or Visa)
  • Credit Card (American Express, Discover, MasterCard, or Visa)
  • E-File Account that is prepaid.

Fake name renewals and registrations are valid for five years and expire December 31 on the last year. If you don't file for renewal, your registration expires.

If your fake name expired, remember that the expired name can be renewed or reinstated and you have to file for a new fake name.

If you want to change your fictitious name you can:

  • Fill out Sections 1-4 of the Fictitious Name Registration to cancel and re-register the fake name.
  • Return the application with money order or check.
  • Print a copy of your check voucher to have your tracking number.

Deregistration for a Business

  • If your business is closing, cancelling a business name is an important step if you don't want to use the name anymore. As important as it is to register a business name when it starts, it's also important to also cancel a business name you no longer want to use.
  • If the owners of an independent entity cancel the business, the name which it was originally filed under is cancelled. This name can then be used by others.
  • In order to cancel a DBA, you have to send a cancelation notice to the office where you registered it, like the county clerk or secretary of state.
  • It's important to cancel a registered business name as this will protect your professional reputation and will make sure you don't owe more debts for the business.

If you need help with the question "Can I register a cancelled business name?", you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.