Up and Running Blog

business name

As I write this I’m looking at an email question that got to me through the bplans.com network. She’s buying a business she’s worked at for five years, and wants to change its name. She thinks a new name would be better and, as I read the email, I sure like the new one better. But she asks “if there is an additional fee to change the name.”  I decided to answer that question here.

A rose by any other name might smell as sweet; but a business? Not necessarily.

1. The fees are trivial.

Yes, depending on where you live and what the situation is, you’ll almost certainly have to spend something between $35 and $100 to register a legal name change. These are usually done by the county, not the state. They are called ficticious business names, or DBA, for “doing business as.” You have to go to some office, fill out some forms, and take out a legal ad. It’s a pain, but only about half a day and one good dinner’s worth of pain.

2.  Nothing else about a name change is trivial

You’re asking the wrong question. The legal part is by far the easiest. You also have to deal with the trade-offs between five years of business history going up in smoke, all the signage, advertising, word of mouth, not to mention collaterals, website, domain names. It goes on and on.

A company with a changed name looks to all the world like a brand new company. It may have history in its legal soft white underbelly, but to the world, it’s new.

We moved Palo Alto Software from Palo Alto, California to Eugene, Oregon 18 years ago. We never considered changing its name.  It’s been mildly annoying as we get more and more immersed in the local community; it would have been nice to have been Eugene Software (or Cascade Software, or Willamette Software, maybe) when we won some local awards. But we had more than five years of history when we moved, and we didn’t want to lose that. We might have considered it for a split second, but we dismissed it.

In most cases the most powerful asset a business has is its name. Changing the name of a healthy business is often a disastrous idea, to be taken only in very special circumstances.

3.  And yet, sometimes, it is still a good idea

Here’s where I contradict myself and the rest of this post: there are those special situations when a new name is a great advantage. Think of why people might post “under new management” in the window of a retail shop or a restaurant.

Change can be good. Maybe the business was dragging its ass, stale, and badly in need of a new name, a new look, and a new vision. Maybe this is the perfect touch for the transition that’s actually happening, you buying the business. It says it’s you now, not the previous owners. It says fresh start.

And if that’s the case, do it. And if you do, there will be a small legal hassle, but that will be the least of your worries.

(Image credit: Frescomovie/Shutterstock)

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Once upon a time (1997) there was a friendly Internet programming company in Portland, Ore., named “emedia.” My company, Palo Alto Software in Eugene, Ore., was a client. Emedia hosted our sites for a while, helped us get started with Cold Fusion and gave us advice about getting our software available for immediate download online.

Emedia was a great name for a Web-based company, right? I mean e-mail and e-this and e-that, and it was emedia, at emedia.com. (And I checked; that’s not the company there now. Please don’t bother the real rightful owners of that site because of this post.)

Late that year emedia changed its name. They changed it to something way less memorable.

“Why?” I asked.

“Because we had to,” they answered. “A company in Texas had the same name. We couldn’t prove we had it first, so we had to give it up.”

That was 12 years ago. Today I can’t find any evidence that the Portland emedia ever existed. Maybe I just imagined it?

Changing your company name is really hard to do. Don’t get trapped into having to do it.

Understand how business names work:

  1. Technically, there could be an emedia corporation in Oregon and another in Texas, and one in fact in every state. There could be emedia companies in most counties in most states. The naming organizations don’t care.
  2. What happens, though, is that as soon as any two of them seem to be reaching the same customers, doing similar things, then the first one can legally make the second one stop it.

Another example, also a true story: It’s 17 years ago now since we moved Palo Alto Software, Inc. from Palo Alto, Calif., to Eugene, Ore. That many years later, we’re so completely integrated into Eugene that it hurts to have that other city’s name for the company. Eugene Software, Cascade Software, Willamette Software or McKenzie Software would have been nice; Cascade was my favorite because Eugene is due west of the Oregon Cascades.  But it’s still Palo Alto Software because it had lived with that name for seven years before we moved. And it would have been really hard, and bad for business, to change a name after seven years.

Think of this: If your grandfather was named McDonald and he started a burger shop 75 years ago, and you could prove it, you’d be able to keep the name McDonald’s Hamburgers. But even if your name is McDonald’s, you still wouldn’t be able to start a new business with that name today.

Conclusion: Check the name out well before you name your company. Unless you’re satisfied with living inside a fence, it has to be exclusive, not just legal.

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Whether you name your business after yourself or find a catchy play on words, choosing the name for your business is a fundamental task.

This week Tim Berry, well-known business-planning author and blogger, offers advice on naming your business in our Back to the Fundamentals series here on Bplans.com.

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