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Understanding the Application for Trade Name form is crucial for anyone looking to start or rebrand a business in Maryland. This form, administered by the Maryland State Department of Assessments & Taxation, allows individuals or entities to register a unique trade name that distinguishes their business from others in the marketplace. A nominal filing fee of $25 applies, with an option for expedited service at an additional cost. The form requires several key pieces of information, including the trade name itself, a physical address where the name will be used, and the legal name of the business owner. If there is more than one owner, additional documentation is necessary. Importantly, this application must also be paired with a unique identification number that the Department assigns to the associated business, ensuring that it remains distinct within state records. Furthermore, the form necessitates a comprehensive description of the business and mandates that all owners provide their signatures, reaffirming their commitment to the information provided. It’s essential to recognize that simply submitting this application does not guarantee exclusive use of the trade name, as there are additional checks for existing registrations. Thus, applicants should first verify the availability of their desired trade name before submission. Failure to meet these criteria can lead to complications, making careful preparation paramount. As the business landscape evolves, having a secure trade name can significantly enhance a company's branding efforts and customer recognition.
Application For Trade Name Example
Maryland State Department of Assessments & Taxation
TRADE NAME APPLICATION
FILING FEE: $25.00; EXPEDITED FEE: ADDITIONAL $50.00; TOTAL EXPEDITED SERVICE:
$75.00 (Make checks payable to Department of Assessments and Taxation)
Note: Prior to registering the business name of a home improvement company with the Department of Assessments & Taxation, an applicant is advised to contact the Home Improvement Commission at 410-
1)TRADE NAME: (Only one trade name may appear on this line)
2)STREET ADDRESS(ES) WHERE NAME IS USED:
CITY:STATE:ZIP:
Post office box number is only accepted when part of the physical address.
3)FULL LEGAL NAME OF OWNER OF BUSINESS OR INDIVIDUAL USING THE TRADE NAME:
If more than one owner, attach an additional sheet listing each owner with his/her address. Be sure each owner signs this form.
4)THE SDAT ID OF THE ASSOCIATED BUSINESS IS:
(1 letter followed by 8 numbers – see item 4 of the Trade Name Application Instructions)
5)ADDRESS OF OWNER:
CITY: |
STATE: |
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ZIP: |
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Post office box number is only accepted when part of the physical address.
6)DESCRIPTION OF BUSINESS:
I affirm and acknowledge under penalties of perjury that the foregoing is true and correct to the best of my knowledge.
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SIGNATURE OF OWNER(AUTHORIZED TITLE) |
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SIGNATURE OF OWNER (AUTHORIZED TITLE) |
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SIGNATURE OF OWNER(AUTHORIZED TITLE) |
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SIGNATURE OF OWNER (AUTHORIZED TITLE) |
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30l West Preston Street- Room 801 - Baltimore, Maryland 21201
Phone: (410)
Website: http://www.dat.maryland.gov
Rev:10/2021
TRADE NAME APPLICATION INSTRUCTIONS
General Information
Registering this trade name will not guarantee acceptance by the Maryland Home Improvement Commission. Prior to registering the business name of a home improvement company with the Maryland State Department of Assessments and Taxation, an applicant is advised to contact the Home Improvement Commission at
1.The fee is $25.00. Checks should be payable to: DEPARTMENT OF ASSESSMENTS AND TAXATION
Filings submitted in person at the Charter Division office and processed on a
Mail the completed form and check to:
Charter Division
Department of Assessments and Taxation
301 W. Preston Street, Room 801
Baltimore, Maryland 21201
2.
3.The Department of Assessments and Taxation no longer accepts via fax Trade Name Applications for filing. Please visit our online business registration portal to register your business: https://egov.maryland.gov/businessexpress
4.Trade name applications must be signed to be accepted.
5.If the name is available and all items on the form are completed, SDAT will accept the filing for record and an acknowledgement, with the filing date will be sent to the “Address of Owner” (unless otherwise stated), ordinarily within 4 weeks of acceptance.
6.This filing is effective for five years from the date of acceptance by SDAT. During the last six months of the period the filing may be renewed for an additional five years. If not renewed, the Department will forfeit the trade name and a new application must be filed.
NOTICE: Acceptance of a trade name application does not confer on the owner any greater right to use the name than he otherwise already has. The Department checks the name only against other trade names filed with this Department. Federal trademarks, State service marks, records in other states and trade names are not meant to reserve the name for its owners, to act as a trademark filing or to confer on the owner any greater right to the name than he already possesses. For further information, contact your lawyer, accountant or financial advisor.
Revised: October 2021
HOW TO COMPLETE TRADE NAME APPLICATION
All blanks on the form must be typed or printed legibly, with black ink, with an original signature (no stamps, photocopies or carbon copy).
Numbers correspond to item numbers on the trade name application:
1.TRADE NAME – Only one trade name may appear on this line. To file more than one trade name, complete a separate application for each and send separate checks. No trade name may contain a term that implies it is a type of entity that it is not (i.e., if the owner is an individual, “Inc.” cannot be in the trade name).
Check the name on the business data search section of our web site – www.dat.maryland.gov.
2.STREET ADDRESS(ES) WHERE NAME IS USED – List the full address, including street address, city, state and zip code. Post office box number is only accepted when part of the physical address.
3.FULL NAME OF LEGAL ENTITY OR INDIVIDUAL USING THE TRADE NAME – Legal entities may be owners of the trade name. If the legal entity is the owner the legal entity must be registered with MD Dept of Assessments and Taxation. If more than one owner, attach an additional sheet listing each owner with his/her address. Be sure each owner signs this form.
4.SDAT ID OF THE ASSOCIATED BUSINESS – Every Trade Name must be associated with a business which has been assigned an identification number by the MD Dept of Assessments and Taxation (a letter followed by 8 numbers). Note: All Unincorporated businesses that own or lease personal property (furniture, fixtures, tools, machinery, equipment, etc.) or anticipate owning or leasing personal property in the future, or need a business license must file an annual personal property return with this Department. Registration applications can be found at https://dat.maryland.gov/Pages/sdatforms.aspx.
5.ADDRESS OF OWNER – List the full address including street address, city, state and zip code. Post office box number is only accepted when a part of the physical address. Attach an additional sheet for all owners’ addresses, if needed.
6.DESCRIPTION OF BUSINESS – State the nature of business.
7.SIGNATURE – Each person listed as an owner must sign. If a legal entity is the owner of the trade name, the person who signs for the entity must list his/her title.
Note: The laws governing the formation and operation of business entities involves more than filing documents with our office, we suggest you consult an attorney, accountant or other professional. The State Department of Assessments & Taxation staff cannot offer business counseling or legal advice.
Revised: October 2021
Form Characteristics
| Fact Name | Details |
|---|---|
| Application Fee | The filing fee for a Trade Name Application in Maryland is $25. An additional fee of $50 applies for expedited service, totaling $75. |
| Single Trade Name | Only one trade name can be listed on each application. If you wish to register additional names, separate applications must be completed for each. |
| Owner Signature Requirement | All owners of the trade name must sign the application. If there are multiple owners, an additional sheet may be attached with their names and addresses. |
| Filing Process | Once the application is submitted and accepted, an acknowledgment will be sent to the owner’s address, typically within four weeks. |
| Duration and Renewal | The trade name registration is effective for five years. It can be renewed within the last six months of that period for an additional five years. |
Guidelines on Utilizing Application For Trade Name
After obtaining the Application for Trade Name form, it’s crucial to complete it accurately to ensure your business name is registered correctly. Following these steps will guide you through the process, allowing you to submit the application without any issues.
- TRADE NAME: Write the trade name you wish to register. Only one trade name can be entered on this line.
- STREET ADDRESS(ES) WHERE NAME IS USED: Fill in the full address where the name will be used. Include city, state, and zip code. Remember that a post office box is only accepted if it is part of the physical address.
- FULL LEGAL NAME OF OWNER: Provide the complete legal name of the business owner or individual using the trade name. If there are multiple owners, attach an additional sheet with their names and addresses, ensuring each owner signs the application.
- SDAT ID OF THE ASSOCIATED BUSINESS: Enter the SDAT ID, which consists of one letter followed by eight numbers.
- ADDRESS OF OWNER: List the owner's full address, including street, city, state, and zip code. Again, a post office box is only acceptable when part of the physical address.
- DESCRIPTION OF BUSINESS: Briefly describe the nature of your business.
- SIGNATURE OF OWNER: All owners must sign the application. If a legal entity is listed as the owner, include the signer’s title.
Once completed, submit the form along with the appropriate fee. You can choose expedited service for a faster processing time. Ensure that all information is accurate to avoid delays in your application being accepted.
What You Should Know About This Form
What is the filing fee for the Application For Trade Name?
The filing fee for the Application For Trade Name is $25.00. If you choose to expedite the service, an additional fee of $50.00 will apply, bringing the total expedited service fee to $75.00. Checks should be made payable to the Department of Assessments and Taxation.
How can I ensure that my desired trade name is available before registering?
Before registering a business name, particularly for a home improvement company, it is highly recommended to contact the Maryland Home Improvement Commission at 410-230-6171. This will help you confirm that your preferred name is available and not already in use.
Can I submit the Application For Trade Name via fax?
No, the Department of Assessments and Taxation no longer accepts Trade Name Applications via fax. Applications should be submitted in person, by mail, or through the online business registration portal at https://egov.maryland.gov/businessexpress.
What should I do if there are multiple owners of the business?
If there is more than one owner, you need to attach an additional sheet listing each owner's full name and address. Each owner must also sign the Application For Trade Name form for it to be accepted.
How long is the trade name registration effective?
The registration of a trade name is effective for five years from the date of acceptance by the Department of Assessments and Taxation. During the last six months of this five-year period, you may renew the registration for an additional five years. If the name is not renewed, it may be forfeited, necessitating a new application.
What information is required in the Application For Trade Name form?
The form requires several pieces of information:
- One trade name
- The street address where the name will be used
- The full legal name of each owner
- The SDAT ID of the associated business (one letter followed by eight digits)
- The address of the owner
- A description of the business
What happens after I submit the Application For Trade Name?
If the desired name is available and all required fields are completed, the Department will accept and process your filing. An acknowledgment with the filing date will be sent to the "Address of Owner" provided, typically within four weeks of acceptance.
Common mistakes
Filling out the Application For Trade Name form seems straightforward, but many people make common mistakes that can delay or even derail their application. One frequent error is not checking the availability of the desired trade name before filing. It’s crucial to confirm that the name you want isn’t already claimed by another business. You can do this by checking the Maryland State Department of Assessments and Taxation’s website. If the name is taken, your application will be rejected, wasting both time and money.
Another mistake is failing to provide complete addresses. Each address must include the street address, city, state, and ZIP code. Omitting any part of this information can lead to processing delays. Remember, a post office box number is only acceptable when it is part of the physical address. It's important to double-check this information before submitting the form.
People often overlook the requirement for proper signatures. Every owner listed on the application must sign it. If you forget to include one or multiple signatures, your application will not be accepted. Each signature should also be accompanied by the title of the individual signing if they represent a legal entity. This ensures that the document is valid and complies with the regulations.
In addition, providing incorrect or incomplete business descriptions can cause problems. This section requires a clear statement detailing the nature of your business. If this description is vague or doesn’t accurately reflect your operations, the application may not be processed correctly.
Another common area of confusion is the SDAT ID. Each business must have a unique identifier, and it should be written accurately. This ID consists of one letter followed by eight numbers. Errors in this section can lead to the application being returned or rejected.
Many applicants also neglect to include the correct payment for filing fees. The basic application fee is $25, but if you're seeking expedited service, that fee becomes $75. Failing to include the correct amount or sending an incorrect form of payment can delay your application significantly.
Lastly, some individuals don’t use the correct form or method of submission. The Department no longer accepts applications via fax. Instead, ensure you’re submitting through the proper channels, whether by mail or in person. Submitting via the wrong method could result in your application not being processed.
Documents used along the form
When applying for a trade name, several other forms and documents may also be needed to ensure everything is in order. Here’s a list of those documents, along with brief descriptions of each one.
- Certificate of Good Standing: This document verifies that your business is compliant with state laws and is authorized to operate. It is often required for business transactions.
- Business License Application: Depending on your location and type of business, you may need to file for a business license. This grants you permission to conduct business legally.
- Personal Property Return: If your business owns or leases personal property, you must file an annual return. This report details your business's personal property to the state.
- Partnership Agreement: If your business is a partnership, having this document outlines the roles and responsibilities of each partner, helping to prevent disputes later on.
- Operating Agreement: For limited liability companies (LLCs), an operating agreement is essential. It details how the business will be managed, and the rights and duties of members.
- Federal Employer Identification Number (EIN): An EIN is necessary for tax purposes if your business has employees or is structured as a partnership or corporation.
- Assumed Name Certificate: Also known as a DBA (Doing Business As) certificate, this form registers your trade name with the state if it is different from your legal business name.
- Registration for Sales Tax Permit: If your business sells taxable goods or services, obtaining this permit allows you to collect sales tax from customers.
Having these documents ready can streamline the process of registering your trade name. Each document plays a significant role in establishing your business's legitimacy and compliance with local regulations.
Similar forms
The Application for Trade Name form is essential for businesses wanting to register their trade name in Maryland. It shares similarities with several other business-related documents. Here are five documents that are comparable:
- Business License Application: Like the trade name application, a business license application requires specific details about the business, including the owner's name and address, and may involve a review for name availability. Both documents ensure compliance with local regulations before a business operation can commence.
- Certificate of Incorporation: This document is similar in that it officially recognizes a business entity's existence in the eyes of the law. Both require formal information about the business and its owners, and both processes can be crucial for establishing legitimacy in business operations.
- Doing Business As (DBA) Registration: Often, a DBA registration is required when a business operates under a name different from its legal name. It serves the same purpose as the trade name application, helping to identify the business to clients and regulatory bodies while ensuring the name isn't already in use by another entity.
- Employer Identification Number (EIN) Application: Applying for an EIN is essential for tax purposes, just as the trade name application is necessary for branding. Both require identifying information about the business owner(s) and often need completion before other business activities can occur.
- Partnership Agreement: In situations where multiple owners are involved, a partnership agreement outlines the structure and operational expectations of the partnership. Similar to the trade name application, this document necessitates detailed owner information and reflects ownership interests, reinforcing the formal setup of a business.
Dos and Don'ts
When filling out the Application For Trade Name form, following the correct procedures can help ensure a smooth registration process. Here’s a list of what you should and shouldn't do:
- Do ensure that only one trade name is listed on each application. If you have more than one name, submit separate forms.
- Do type or print clearly in black ink. Legibility is crucial for processing your application.
- Do provide complete addresses, including street, city, state, and zip code. Avoid using only a post office box unless it is part of a physical address.
- Do check the availability of your trade name using the Maryland State Department website. Confirm that it doesn’t imply an incorrect business structure.
- Don’t sign the form with stamps or photocopies. An original signature from each owner is required for acceptance.
- Don’t forget to attach extra sheets if there are multiple owners. Each owner must be listed with their address and sign the application.
Misconceptions
Here are 10 misconceptions about the Application For Trade Name form:
- Only one trade name can be registered at a time. Many people think they can submit multiple trade names on a single application. However, you must file a separate application and payment for each trade name.
- Post office boxes can be used as the primary address. While you can include a post office box, it must be part of a complete physical address that includes a street address.
- The $25 filing fee includes expedited service. The standard fee is $25, but if you need expedited service, it costs an additional $50. This means the total for expedited service is $75.
- Once the application is filed, the trade name is guaranteed for lifetime use. The acceptance of your application gives you the trade name for five years. After that, you must renew it, or it may be forfeited.
- All trade names registered with the state are unique and protected. Registering a trade name does not guarantee you any greater legal right to use that name. It only checks against other names in the state's records.
- The application can be submitted via fax for processing. The Department of Assessments and Taxation no longer accepts faxed applications. All applications must be mailed or submitted in person.
- Every owner must physically sign the application. While every owner listed must sign, only one signature is allowed per line in the form. You can attach an additional sheet for more owners.
- Non-residents cannot register a trade name in Maryland. Out-of-state address registrations are acceptable, allowing non-residents to operate under a trade name in Maryland.
- The trade name must match the business entity type exactly. You may not include terms like “Inc.” in the trade name if the owner is an individual. Be sure the name reflects the correct business structure.
- Only businesses need to register trade names. Individual entrepreneurs can also register trade names, as the application is meant for any type of owner using a trade name.
Understanding these misconceptions can help streamline the application process and ensure compliance with Maryland regulations.
Key takeaways
Filling out the Application for Trade Name can appear daunting, but understanding the process can help streamline it. Here are key takeaways to keep in mind:
- Application Fee: A fee of $25.00 is required to file the application. For expedited processing, an additional $50.00 is charged.
- Home Improvement Companies: It's essential to contact the Home Improvement Commission at 410-230-6171 to ensure your desired name is available before filing.
- Single Trade Name: Only one trade name may be specified on the application. For additional names, a separate application and payment are necessary.
- Completing the Form: All sections of the form must be completed legibly, either typed or written in black ink. Original signatures are required—no copies or stamps.
- SDAT ID Requirement: Ensure you have the SDAT ID of the associated business. This ID consists of one letter followed by eight numbers.
- Signature of All Owners: Each owner listed must sign the application. If there are multiple owners, include a separate attachment with their details.
- Processing Time: Once the complete application is accepted, you should receive acknowledgment with the filing date within approximately four weeks.
- Renewal Period: The trade name registration lasts five years. You can renew it in the last six months of that period to avoid forfeiture.
- Legal Considerations: Registering a trade name does not guarantee exclusive rights to its use. It is advisable to consult legal or financial professionals for specific guidance.
By keeping these points in mind, you can effectively navigate the Application for Trade Name process and establish your business name with confidence.
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