How to Register a Business Name in Colorado
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In Colorado, registering a business name can be done in three distinct ways. You can establish an LLC or Corporation if you want your business to be a separate legal entity or file for a DBA (officially referred to as a Trade Name) if you’re a sole proprietor or a general partnership. For nationwide registration and additional legal protections, you may also want to consider filing a federal trademark with the USPTO.
Your Colorado business name should be registered before:
- Registering for an account on MyBizColorado, which is required to apply for a Colorado Sales Tax License as well as register as an employer to properly withhold Colorado income tax for employees
- Obtain an Employer Identification Number (EIN) from the IRS
- Obtain professional or business licenses from the Colorado Division of Professions and Occupations
- Open a business bank account
How much does it cost to Register a Business Name in Colorado?
The cost to register a Colorado business name varies depending on the type of registration:
- Colorado LLC cost: $50
- Colorado Corporation cost: $50
- Colorado DBA cost: $20
Steps to Registering a Business Name in Colorado:
1. Check Business Name Availability
Before you dive into registering your name, you must ensure your chosen name is available to use. That means checking if it’s already being used or is too similar to other business names out there. This step is extremely important because it helps prevent legal problems related to trademarks and issues with similar businesses that can lead to your Colorado name registration being turned down. To do this properly, you should do three specific types of searches:
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Start your Colorado business name search with the help of professionals.
Trademark Search
The first step to verify your name’s availability is to ensure your desired name isn’t already trademarked. Trademarks offer superior protection by being registered at the federal level, meaning they override state and local registrations. If you encounter a match, it’s time to brainstorm a fresh business name that stands out.
You can search the U.S. Patent and Trademark Office (USPTO) database using the Trademark Electronic Search System (TESS) page. However, interpreting TESS results can be challenging. If you want a simpler display and layout, try using Trademark Engine’s Free Trademark Search.
Colorado Business Name Search
Once you’ve confirmed that your chosen business name isn’t trademarked, the next step is to ensure it’s not registered within Colorado. Utilize the Colorado Business Database Search to verify that your business name isn’t already registered within Colorado.
Perform multiple searches, employing wildcard characters or fragments of your business name to identify any potential matches. If your business name closely resembles an existing Colorado business, it might lead to the rejection of your name registration application, so you may want to reconsider using that name.
Pro Tip: You might come across instances where your desired name was registered in the past but is currently available due to the previous business being dissolved or the name expiring. Even if the name is now able to be registered, it’s strongly recommended to opt for a new name.
Previously registered business names can cause complications when obtaining an EIN (Employer Identification Number) from the IRS. Using a previously registered name oftentimes results in EIN Reference Number 101 error. Although getting an EIN after this error is possible, the process can be cumbersome and requires phone calls to the IRS and faxing your registration paperwork to an agent to get an EIN. Consider generating a different business name unless it’s absolutely necessary to use that particular name and you’re willing to endure potential hours on the phone dealing with the IRS.
Website Domain Search
The final search after you’ve confirmed you don’t have trademark or state-level registration issues in Colorado is for a website domain name. If someone else is already using your domain name, it could cause issues for your business. Consider if it’s worth not having the domain name that matches your business name and if it could cause problems for your business in the future. If your domain name is available, you should register it. Whether a website is in your immediate plans or not, you want to prevent others from taking it. You’ll also appear more legitimate to people you do business with since you can use an 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
In the process of registering your business name in Colorado, you’ll need to determine the legal structure for your business. This decision not only affects how you register the business name but also impacts aspects like personal liability, financing options, and taxation. Think about the number of owners, funding needs, how comfortable you are with potential risks, and tax considerations. For more detailed guidance, refer to our comprehensive guide on How to Choose a Business Structure.
Recommended Business Structure:
For a typical new business an LLC is the recommended choice. Why? Because LLCs combined the best of all other business structures. You get liability protection similar to a corporation (unavailable for sole proprietors and general partnerships) but business income is only taxed once whereas a corporation is subject to double taxation.
For the assurance that your LLC is filed the right way, you can use a professional filing service. We’ve reviewed the best LLC services so you can find the one that works for you.
LLC
An LLC (Limited Liability Company) is a business entity providing liability protection to owners, separating personal and business assets, while offering flexible management and taxation choices under Colorado law (CO Rev Stat §7-80).
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 Colorado?
Yes, registration with the Colorado Secretary of State is required if you want your business to legally be an LLC in Colorado.
Corporation
A corporation is a separate legal entity that can be created under Colorado law (CRS §7-90). Stockholders own it, with limited liability. It’s optimal for securing outside investment and providing owner protection.
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 Colorado?
Yes, to ensure your business is formally identified as a Corporation in Colorado, you must register with the Colorado Secretary of State.
Sole Proprietor
A sole proprietorship is an individual-owned business. Quick setup, minimal forms. There’s no legal separation between the business and owner, creating unlimited liability.
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 Colorado?
As a sole proprietor in Colorado, if your business name doesn’t have both your first and last name, you’ll need to complete a registration for a “doing business as” name (DBA), sometimes referred to as a Trade Name. For example, if your name was “Chris Miller” and you ran a landscaping business, you wouldn’t need to register the name “Chris Miller Landscaping” but if you wanted a more branded business name like “Evergreen Landscaping” a DBA name would need to be filed.
Partnership
A partnership is a business with 2 or more owners that work together jointly and share in all business liabilities. Partnerships are pass-through entities so income is reported and paid by each individual partner.
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 Colorado?
In Colorado, a partnership is required to register a “doing business as” (DBA) name if their chosen business name doesn’t have the last names of all partners. For instance, if Emily Martinez, Jason Adams, and Rachel Kim decide to start a fitness studio and want to operate as a partnership, they can use the name “Martinez, Adams & Kim Fitness Center” without filing. However, if they opt for a creative business identity like “Elevate Motion Gymworks”, they must file a Trade Name (DBA) to operate legally.
3. File your Colorado Business Name Registration
After ensuring your business name is available and deciding on a structure, the next step is to officially register it in Colorado. Choose the procedure that aligns with your selected business structure. Note: sole proprietorships or partnerships name registrations are done via a DBA filing.
Register a Colorado LLC Name
To officially register a Colorado LLC, you’ll have to submit Articles of Organization to the Colorado Secretary of State, along with the state filing fee of $50. Your Articles of Organization is where you will list vital information about your business, including:
- 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 Registered Agent
Colorado LLC Name Requirements
Colorado LLCs must use a name that follows the naming rules outlined in Colorado law (CO Rev Stat §7-90-601):
- Must be distinguishable (unique) from all others businesses registered with the Colorado Secretary of State
- 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, Trust, Trustee, Olympic
For more in-depth information check out our How to Start an LLC in Colorado guide, where we cover all the steps needed to form an LLC in full detail.
Want Help Starting a Colorado LLC?
Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a Colorado LLC.
Register a Colorado Corporation Name
If you choose to register as a Colorado Corporation, you’ll need to submit a document known as Articles of Incorporation to the Colorado Secretary of State. The filing costs $50 and you’ll need to provide details about your business, 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 Registered Agent
Colorado Corporation Name Requirements
Corporations in Colorado are required to use a name that follows the rules detailed under Colorado law (Article 90 of the Colorado Corporations and Associations Act):
- Must be distinguishable (unique) from all others businesses registered with the Colorado Secretary of State
- 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, Trust, Trustee, Olympic
Want to Incorporate in Colorado?
If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in Colorado, which covers each step you’ll need to complete to start a Colorado corporation.
Register a Colorado DBA (Trade Name)
A Colorado DBA (Trade Name) allows a business to operate using a business name that is different than their legal name. To register a Colorado DBA you’ll need to complete a Statement of Trade Name application and submit it to the Colorado Secretary of State, along with the filing fee of $20. You’ll need to provide the following information:
- Name and address of Applicant(s)
- Business Name (Trade Name)
- Address where business is transacted
Colorado DBA (Trade Name) Requirements
The rules for a Colorado 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.
Keep in mind that if you operate a business under any name other than your legal name in Colorado, you’re required to register. If you fail to register, your business will not have standing to bring legal action in a Colorado court. You can also be subject to a fine up to $500.
Colorado DBA Registration Assistance
Get help registering your Colorado DBA with Swyft Filings. Packages starting at $99 (plus filing fees).
4. File a Trademark (Optional)
Securing a trademark is crucial if you want increased protection for your business identity. Trademarks are federal-level registrations that apply across state boundaries and allow increased control over your brand name.
You can submit a trademark application online, but it’s more complicated than most registrations. It takes 7-9 months on average before a USPTO examining attorney evaluates your application. As a result, errors in the initial application can significantly delay the process or result in an outright rejection of the application.
To make the trademark registration process more efficient, you should seek the help of a competent attorney or a specialized filing service. Their knowledge and experience can help you save time and streamline the complicated process of submitting applications and following up on them.
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 Colorado
For more help, check out our How to Start a Business in Colorado guide, or use these resources:
- Colorado Secretary of State – The official source for business registration, providing information on entity formation and filing requirements.
- Colorado Department of Revenue – Offers guidance on taxation, licensing, and permits for businesses in Colorado, helping navigate state tax obligations.
- Colorado Chamber of Commerce – A hub for networking and business support, offering resources, events, and connections to foster business growth.
- Colorado SBDC – Provides free consulting and low-cost training to help startups and small businesses succeed, including business planning and financial assistance.
- SCORE Colorado – Offers mentoring by experienced business professionals, workshops, and online resources to help entrepreneurs achieve their goals.
- Colorado Enterprise Fund – A nonprofit lender that offers financing and loans to small businesses, supporting their growth and expansion.