How to Register a Business Name in New Jersey
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There are 3 primary ways you can register a business name in New Jersey. You can form a separate business entity by starting your business as a New Jersey LLC or Corporation, or you can file a DBA name (also referred to as a Trade Name) if you operate as a sole proprietor or general partnership. For additional legal protection of your business name, you can also file a federal trademark.
You’ll want to finalize and register your business name before completing other registrations required to legally start your business in New Jersey, such as:
- Obtaining a New Jersey Certificate of Authority from the NJ Division of Taxation to collect and remit sales tax as well as withholding and remitting New Jersey Income Tax and contributions for unemployment insurance for employees
- Obtaining applicable business licenses and permits like professional licenses or building permits
- Opening a business bank account and establishing business credit
How much does it cost to Register a Business Name in New Jersey?
The cost to register a New Jersey business name varies depending on the type of registration:
- New Jersey LLC cost: $125
- New Jersey Corporation cost: $130
- New Jersey DBA cost: $50
Steps to Registering a Business Name in New Jersey:
1. Check Business Name Availability
Once you’ve developed a good business name, you’ll need to verify that it’s available. You’ll want to ensure that there isn’t another business in New Jersey using that business name or has a similar name. There are three types of searches we recommended to verify that your desired name is available:
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Start your New Jersey business name search with the help of professionals.
Trademark Search
The first type of search you’ll want to do is a federal trademark search. As a federal-level registration, a trademark is the ultimate form of business name protection. They supersede any local or state-level registration, so you want to verify that the name isn’t trademarked. While trademarks have limitations, if the name is the same or similar to an existing trademark, you’ll want to create a new name.
You can search the U.S. Patent and Trademark Office (USPTO) database by visiting the Trademark Electronic Search System (TESS) page. Be advised that the results provided by the TESS system can be challenging to read and interpret. Alternatively, you can use the Free Trademark Search from Trademark Engine, which provides a more accessible user interface.
New Jersey Business Name Search
Once you’ve verified that your business name isn’t trademarked, it’s time to verify it’s not registered in New Jersey. You can complete your search using the New Jersey Business Entity Name Search.
Complete a few searches using wildcard characters or parts of your business name to find any close matches. This is important because if your business name matches another New Jersey business too closely, it can result in your business name filing being rejected.
Pro Tip: You might see that your name was registered in the past but is now available because the previous business closed or let their name lapse. Even if the name is available now, it’s highly recommended that you choose a new name if it was registered in the past.
This is because the IRS system that issues EINs often has problems with previously issued names that result in what’s known as “EIN Reference Number 101 error”. While you can still get an EIN after this error, it’s a cumbersome process requiring you to call the IRS and fax them paperwork to get your EIN issued. Unless using that name is absolutely necessary for you and you don’t mind the headache it could cause, we recommend generating a new business name.
Website Domain Search
After confirming there’s no trademark issues and you can register your business name in New Jersey, you should verify that your domain name is available. Even if you don’t have plans to build a website any time soon, you should register your domain name to block competitors from using it. At a minimum, having a domain name will make your business more credible by allowing you to use an email that has 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
The next step in the New Jersey business name registration process is to choose the legal structure your business will use. The business structure will determine how your business name is registered. When choosing a business structure, you should consider the number of owners your business will have, what type of financing you’ll need, how much personal liability you’re comfortable with, and how your business will be taxed. You can use our guide on How to Choose a Business Structure for more detailed information on making the best choice for your business.
Recommended Business Structure:
We recommend starting as an LLC for most new businesses. LLCs are easy to maintain and have benefits that other structures don’t. They provide liability protection that a sole proprietorship and general partnership don’t and aren’t subject to double taxation like a corporation.
If you’re interested in starting an LLC, check out our list of the best LLC formation services to find the best service for your needs.
LLC
An LLC (Limited Liability Company) is a flexible business structure created under New Jersey law (NJ Rev Stat 42 § 2C), that combines the limited liability protection of a corporation with the simplicity and tax benefits of a partnership or sole proprietorship.
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 New Jersey?
Yes, if you want to have your business legally recognized as an LLC in New Jersey you need to register with the New Jersey Division of Revenue & Enterprise Services.
Corporation
A corporation is a legally separate business from its owners under New Jersey law (N.J. Stat. § 14A). Owners, called stockholders, enjoy limited liability. It’s great for raising funds from investors and offers 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 New Jersey?
Yes, if you want to have your business legally recognized as a Corporation in New Jersey you need to register with the New Jersey Division of Revenue & Enterprise Services.
Sole Proprietor
A sole proprietorship is a basic, single-owner business. It’s easy to start with minimal paperwork. The owner and business are legally the same, leading to unlimited personal 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 New Jersey?
If your business name doesn’t include your full name (first and last name), you’ll need to register your business name by filing a “doing business as” name (DBA). For example, if your name is “John Williams” and you work as a plumber, the name “John Williams Plumbing” wouldn’t need to register, but the name “Williams Plumbing” would be required to register.
Partnership
A partnership involves 2 or more owners who agree to share in all responsibilities including having unlimited liability. Profits or losses flow directly to owners’ personal 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 New Jersey?
If the business name for a general partnership in New Jersey does not include the last names of all of the business partners, they must file for a “doing business as” (DBA) name, which is officially referred to as a Trade Name. For example, if a business that does marketing consulting operates as a partnership and has three partners named Paul Clark, Brian King, and Brandon Turner, they can use the business name “Clark, King and Turner Marketing” without registering. However, if they want to use a more unique and brandable business name like “InsightEdge Marketing Consultants”, they would need to file a Trade Name (DBA).
3. File your New Jersey Business Name Registration
Now that you’ve verified your business name’s availability and chosen a business structure, it’s time to get down to business and complete the filing to officially register your New Jersey business name. Pick the process that corresponds to the business structure you have picked out in the previous step (Note: If you chose to start as a sole proprietorship or partnership, you’ll file a DBA).
Register a New Jersey LLC Name
To register your New Jersey LLC you’ll need file a Certificate of Formation with the New Jersey Division of Revenue & Enterprise Services, which has a filing fee of $125. In your Certificate of Formation filing, you’ll need to provide 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
New Jersey LLC Name Requirements
New Jersey LLCs must use a name that follows the naming rules outlined in New Jersey law (NJ Rev Stat 42 § 2C-8):
- Must be distinguishable (unique) from all others businesses registered with the New Jersey Division of Revenue & Enterprise Services
- 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, Olympic, Handicapped, Cemetery
For more in-depth information check out our How to Start an LLC in New Jersey guide, where we cover all the steps needed to form an LLC in full detail.
Want Help Starting a New Jersey LLC?
Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a New Jersey LLC.
Register a New Jersey Corporation Name
To register your New Jersey Corporation you’ll need file a Certificate of Incorporation with the New Jersey Division of Revenue & Enterprise Services, which costs $130. In your Certificate of Incorporation filing you’ll need to provide information 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
New Jersey Corporation Name Requirements
Corporations in New Jersey are required to use a name that follows the rules detailed under New Jersey law (N.J. Stat. § 14A:2-2):
- Must be distinguishable (unique) from all others businesses registered with the New Jersey Division of Revenue & Enterprise Services
- 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, Olympic, Handicapped, Cemetery
Want to Incorporate in New Jersey?
If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in New Jersey, which covers each step you’ll need to complete to start a New Jersey corporation.
Register a New Jersey DBA (Trade Name)
A New Jersey DBA (Trade Name) allows a business to operate using a business name that is different than their legal name. To register a New Jersey DBA you’ll need to complete a Trade Name Certificate and submit it to the county clerk’s office, along with the filing fee of $50. You’ll need to provide the following information:
- Name and address of Applicant(s)
- Business Name (Trade Name)
- Address where business is transacted
New Jersey DBA (Trade Name) Requirements
The rules for a New Jersey 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 New Jersey, you’re required to register. Failure to register a trade name is a violation of NJ Rev Stat § 56:1-2 and is considered a misdemeanor under NJ Rev Stat § 56:1-4.
New Jersey DBA Registration Assistance
Get help registering your New Jersey DBA with Swyft Filings. Packages starting at $99 (plus filing fees).
4. File a Trademark (Optional)
Consider filing a trademark to own and control your business name. Trademarking your business name is a great way to protect your brand. A trademark is a federal registration, providing nationwide protection beyond just registering in New Jersey.
You can apply for a trademark online, but the trademark registration process can be complicated and lengthy. On average, it takes around 7-9 months before a USPTO examining attorney initially reviews an application. As a result, it’s crucial for your initial application to be prepared correctly.
Consider getting assistance from a qualified attorney or a trademark filing service to ensure your application is prepared correctly. This can save you time and the headache of dealing with the filing and response process required to register a trademark.
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 New Jersey
For more help, check out our How to Start a Business in New Jersey guide, or use these resources:
- NJ Business Portal – Official state website providing comprehensive information and tools for starting and running a business in New Jersey.
- New Jersey Division of Revenue and Enterprise Services – Official state department responsible for business registration, taxation, and revenue collection in New Jersey.
- New Jersey Chamber of Commerce – A leading business organization that provides networking opportunities, advocacy, and resources for businesses to thrive in New Jersey.
- Small Business Development Center (SBDC) – New Jersey – Offers free and confidential business consulting services, training programs, and resources to help entrepreneurs and small business owners succeed.
- SCORE – Non-profit organization that offers free mentoring, workshops, and resources to help small businesses and startups grow and succeed.
- New Jersey Economic Development Authority (NJEDA) – Offers various financing programs, grants, and resources to support business growth, innovation, and job creation in New Jersey.