How to Register a Business Name in Maryland
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Registration of a Maryland business name can be completed in three ways. You can choose to have your business be its own legal entity by forming an LLC or Corporation or you can file a DBA (also referred to as a Trade Name) if you’re a sole proprietor or a general partnership. If you want even more protection for your business name you may also want to consider a federal trademark.
You should register your Maryland before you complete other business filings like:
- Completing the Maryland Combined Registration Online Application on the Comptroller of Maryland website, which is used for obtaining a sales and use tax license, income tax withholding account, and unemployment insurance account
- Obtaining business licenses and permits via the Maryland Licensing OneStop portal and from your local Clerk of the Court for local licenses
- Getting a Federal Tax ID Number from the IRS
- Opening a Business Bank Account
How much does it cost to Register a Business Name in Maryland?
The cost to register a Maryland business name varies depending on the type of registration:
- Maryland LLC cost: $100
- Maryland Corporation cost: $120
- Maryland DBA cost: $25
Steps to Registering a Business Name in Maryland:
1. Check Business Name Availability
A thorough business name search must be completed after creating a business name (check out our business name guide if you need ideas). Verifying that your desired Maryland business name is available and not too similar to other names will prevent issues like your registration being rejected or legal conflicts with other businesses. Three types of search should be conducted:
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Start your Maryland business name search with the help of professionals.
Trademark Search
First, you want to rule out any potential trademark conflicts. Trademarks are federal-level registrations that have legal superiority over state and local registrations, so you need to be sure your business name isn’t trademarked. If you find a match in the U.S. Patent and Trademark Office (USPTO) database, go back to the drawing board and get a new business name. It could save you from a legal headache in the future.
To perform a trademark search, visit the Trademark Electronic Search System (TESS) page. If you find the results hard to understand, use the Free Trademark Search available from Trademark Engine.
Maryland Business Name Search
Once you’ve confirmed that your business name isn’t protected by someone else’s trademark, the next step is to perform a Maryland business name search. Utilize the Maryland Business Entity Search to search the database of registered business names in Maryland.
Take the time to conduct multiple searches using variations of your business name or employing wildcard characters. This step is crucial because if your chosen business name closely resembles an existing Maryland business, your business name registration might face rejection.
Pro Tip: It’s possible that a name was registered in the past but is now available if the name expired or the business closed. However, even if the name is now up for grabs, opting for a new name is recommended.
The IRS’s EIN issuance system can encounter difficulties with previously registered names, leading to the notorious EIN Reference Number 101 error. While you can get an EIN under that business name, the process involves calling the IRS and faxing your registration paperwork to an agent to get your EIN. Unless sticking to that name is necessary for you and you’re prepared to tackle potential issues, we recommend considering an alternative business name. Just be aware that it can take the EIN process from a 10-minute or less online process to one that takes multiple calls and hours on the phone.
Website Domain Search
Last, you should look to see if there’s a good domain that matches your business name. If it’s unavailable and your online presence will matter a lot for your business, you may need to consider choosing a new name. If the name you want is available, you should purchase it even if you won’t build a website to prevent others from taking it. You’ll need to own the domain name if you want a professional business email with your business name.
Domain Name and Business Email
You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.
2. Choose a Business Structure
As you begin the registration process for your business name in Maryland, you’ll need to decide on the most suitable structure for your business. This decision affects the registration process as well as influencing elements like personal liability protection, financing options, and what tax strategies are available to you. You should consider factors such as the number of owners, financial needs, your comfort level with personal liability, and tax considerations. For a more comprehensive understanding, our guide How to Choose a Business Structure offers more detailed information to help you make your choice.
Recommended Business Structure:
If you start as an LLC, you can get the benefits of all 3 other business structures combined together. LLCs provide liability protection and have pass-through taxation, benefits that no other structure has by default. They are easier to maintain and have the option to elect for S-Corp tax status which can save thousands of dollars once your business is making a strong profit.
If you want to start an LLC you might want to consider using a filing service to ensure your filing is done correctly. We’ve reviewed the top LLC service providers to help you decide.
LLC
A Limited Liability Company (LLC) establishes a distinct legal identity for a business under Maryland law (MD § 4A-101). It ensures that owners’ personal assets are protected, permits customizable management styles and tax approaches.
Learn More: What is an LLC
LLC Pros
- Personal liability protection
- Legally separate entity
- Default pass-through taxation (business income taxed once)
- Unlimited number of owners (members)
- Flexible management – can be run by members or non-owner managers
- Option for S-Corp tax status
LLC Cons
- Upfront filing costs
- Ongoing cost and filings to stay compliant
- Unable to go public
Do you need to register to be an LLC in Maryland?
Yes, for your business to be acknowledged as an LLC in Maryland, you’re required to register with the Maryland State Department of Assessments and Taxation (SDAT).
Corporation
A corporation is a business structure recognized under under Maryland law (MD Corp & Assn Code § 2-102) as legally separate from it’s owners (known as shareholders). It’s best for businesses interested in attracting external capital and potentially going public.
Learn More: What is a Corporation
Corporation Pros
- Personal liability protection
- Legally separate entity
- Unlimited number of owners (shareholders)
- Easier to raise capital by selling stock
- Able to go public
- Option for S-Corp tax status
Corporation Cons
- Default double taxation
- Upfront filing costs
- Ongoing costs and filings to stay compliant
- Increased record keeping requirements
- Strict management structures set by law
Do you need to register to be a Corporation in Maryland?
Yes, for your business to be legally classified as a Corporation in Maryland, you’re required to register through the Maryland State Department of Assessments and Taxation (SDAT).
Sole Proprietor
A sole proprietorship is a one-person enterprise. Easy entry, minor paperwork. The owner’s unlimited liability means it can be risky. Harder to secure loans, raise capital, and sell the business.
Learn More: What is a Sole Proprietorship
Sole Proprietor Pros
- Easy and inexpensive to start
- Simple taxes (business income taxed once)
- Easy to maintain
- Complete control for owner
Sole Proprietor Cons
- Unlimited Liability Risk
- Hard to raise money and get loans
- Not separate from owner
- Difficult to sell business
- No other tax status options
Do you need to register your sole proprietor business name in Maryland?
For sole proprietors in Maryland, if your business name doesn’t include both your first and last name, a “doing business as” name (DBA) will need to be registered. For instance, if your name was “Christina Jackson” and operate a social media marketing business, you wouldn’t need to register the name “Christina Jackson’s Social Marketing,” but choosing a name like “Buzz Sphere” would necessitate registration.
Partnership
A partnership comprises 2 or more owners that share assets, profits, and partners have unlimited liability. Income is passed directly to the partners, who individually report profits or losses on taxes.
Learn More: What is a Partnership
Partnership Pros
- Easy and inexpensive to start
- Pass-through taxation (business income taxed once)
- Unlimited number of owners (partners)
- Shared business responsibilities
Partnership Cons
- Unlimited Liability Risk
- Responsible for partners’ actions
- Hard to raise outside capital
- Not separate from partners
- Difficult to sell business
- No other tax status options
Do you need to register your partnership business name in Maryland?
In Maryland, a partnership must register a “doing business as” (DBA) name if their chosen business name doesn’t incorporate the last names of all partners. For example, if an architecture partnership is formed by Alex Johnson, Natalie Miller, and Robert Thompson, they can operate under the name “Johnson, Miller & Thompson Architects” without registration. However, if they opt for a distinctive brandable name like “Design Wave Studio”, they would need to file for a Trade Name (DBA).
3. File your Maryland Business Name Registration
You’ve checked your business name and picked a structure. Now, it’s time to make it official in Maryland. Follow the appropriate process for your chosen structure outlined below. Note: If you’re starting as a sole proprietor or partner, a DBA is the correct business name registration filing that corresponds to your type of business.
Register a Maryland LLC Name
Registration of a Maryland LLC, requires the filing of Articles of Organization with the Maryland State Department of Assessments and Taxation (SDAT) along with paying a filing fee of $100. Your Articles of Organization requires you provide details about your business, such as:
- LLC Name
- Information about the LLC members (owners) and managers (if applicable)
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Resident Agent
Maryland LLC Name Requirements
Maryland LLCs must use a name that follows the naming rules outlined in Maryland law (MD Corp & Assn Code § 1-502):
- Must be distinguishable (unique) from all others businesses registered with the Maryland State Department of Assessments and Taxation (SDAT)
- Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
- Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Bank, Banker, Banking, Savings, Safe Deposit, Trust, Trustee, Insurance, Credit Union
For more in-depth information check out our How to Start an LLC in Maryland guide, where we cover all the steps needed to form an LLC in full detail.
Want Help Starting a Maryland LLC?
Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a Maryland LLC.
Register a Maryland Corporation Name
Registering your Maryland Corporation involves submitting Articles of Incorporation to the Maryland State Department of Assessments and Taxation (SDAT) and paying the requisite $120 filing fee. Your Articles of Incorporation filing needs to contain critical business details, including:
- Corporation Name
- Names and addresses of the board of the directors
- Number and type of authorized shares
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Resident Agent
Maryland Corporation Name Requirements
Corporations in Maryland are required to use a name that follows the rules detailed under Maryland law (MD Corp & Assn Code § 1-502):
- Must be distinguishable (unique) from all others businesses registered with the Maryland State Department of Assessments and Taxation (SDAT)
- Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
- Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Bank, Banker, Banking, Savings, Safe Deposit, Trust, Trustee, Insurance, Credit Union
Want to Incorporate in Maryland?
If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in Maryland, which covers each step you’ll need to complete to start a Maryland corporation.
Register a Maryland DBA (Trade Name)
A Maryland DBA (Trade Name) allows a business to operate using a business name that is different than their legal name. To register a Maryland DBA you’ll need to complete a Trade Name Application and submit it to the Maryland Department of Assessments and Taxation, along with the filing fee of $25. You’ll need to provide the following information:
- Name and address of Applicant(s)
- Business Name (Trade Name)
- Address where business is transacted
Maryland DBA (Trade Name) Requirements
The rules for a Maryland Trade Name (DBAs) are not quite as strict as they are for LLCs or Corporations, however there are still restrictions. Mainly, your DBA can’t include designators used for legal entities like “LLC” or “Inc” in the Trade Name. DBAs also can’t contain prohibited words or words that imply association with government entities.
Maryland DBA Registration Assistance
Get help registering your Maryland DBA with Swyft Filings. Packages starting at $99 (plus filing fees).
4. File a Trademark (Optional)
If you want more control and protection over your Maryland business name, you can apply for a trademark. It provides federal-level protection and control over your brand name that extends beyond state boundaries.
You can file a trademark application online by yourself but the process is more complex than a simple filing. A USPTO examining attorney typically takes 7-9 months to evaluate your application. Only at that point will you receive feedback if more information is needed or modifications to your application are needed. Some errors can result in the application being outright rejected.
To make registering a trademark easier, it is recommended that you seek the help of a qualified attorney or a specialized filing service. Their expertise can help you save time and avoid the complexities of submitting an application and following up on it.
Trademark Filing Assistance
Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).
Additional Business Resources in Maryland
For more help, check out our How to Start a Business in Maryland guide, or use these resources:
- Maryland Secretary of State – Official government website providing information on business registration, licensing, and legal requirements
- Maryland Department of Revenue – State agency offering information on taxes, permits, and licenses for businesses in Maryland
- Maryland Chamber of Commerce – A business advocacy organization offering resources, networking opportunities, and support for businesses
- Maryland SBDC – Small Business Development Center providing guidance, training, and resources to help start and grow businesses
- SCORE Maryland – Non-profit organization offering free mentoring and business advice from experienced professionals
- Maryland Business Lending – Organization providing financing options and loan programs to assist businesses with their financial needs