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The Hawaii T1 form is a vital document for individuals and businesses seeking to register a trade name, trademark, or service mark in Hawaii. It plays an essential role in the business registration process within the state, providing applicants with the opportunity to secure the exclusive use of a trade name for five years. The registration process requires careful consideration, as it does not grant ownership of the trade name but rather the right to use it commercially. Applicants must provide specific information, including their name, address, and the nature of their business. They must also choose whether they are registering a new trade name or renewing an existing one. The form necessitates payment of a nonrefundable filing fee of $50, with an option for expedited review for an additional $20. Furthermore, it’s crucial for applicants to confirm that their chosen trade name isn't already in use by checking the state’s computerized registration database. By understanding these key details, applicants can navigate the registration process more confidently, ensuring compliance with Hawaii’s business regulations.

Hawaii T1 Example

FORM T-1 01/2021

ASSOCIATED FEES:

Trade Name, Trademark, Service Mark Registrations

Trade Name, Trademark, Service Mark Registration: Filing Fee: $50.00

Expedited Review: $20.00

Nonrefundable Filing Fee: $50.00

FORM T-1

 

01/2021

State of Hawaii

Department of Commerce and Consumer Affairs*T1*

Business Registration Division

335 Merchant Street, Suite 201, Honolulu, HI 96813

Mailing Address: P.O. Box 40, Honolulu, HI 96810

Phone: (808) 586-2727

APPLICATION FOR REGISTRATION OF TRADE NAME

(Chapter 482, Hawaii Revised Statutes)

PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK. See instruction on next page.

1.Applicant’s Name: Applicant’s Address:

(including city, state, and zip code)

2.

Registration is (check one):

 

New

3.

Status of Applicant (check only one):

OR

 

Renewal (Certificate No.

 

Sole Proprietor

 

Corporation

 

 

)

Partnership

LLC

LLP

Unincorporated Association

OR

 

Other (explain):

4.If applicant is an entity, list state or country of incorporation/formation/organization:

5.Trade Name is:

6. Applicant is (check one):

Originator of name

OR

7.Nature of business for which the trade name is being used:

Assignee (one to whom name was assigned to by another)

I certify, under the penalties set forth in Section 482-51, Hawaii Revised Statutes, that (check one):

 

I am the applicant

OR

 

I am the

 

 

 

 

of the applicant named in the foregoing application, I am authorized to

 

 

 

 

 

 

 

(Office Held)

 

 

 

 

sign this application, and that the above statements are true and correct to the best of my knowledge and belief.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Print Name)

 

 

 

(Signature)

 

 

(Date)

 

 

 

 

 

 

(DEPARTMENTAL USE ONLY)

 

 

 

 

Certificate of Registration No.

CERTIFICATE OF REGISTRATION OF TRADE NAME

In accordance with the provisions of Chapter 482, Hawaii Revised Statutes, this Certificate of Registration is issued to secure the aforesaid applicant the use of the said TRADE NAME throughout the State of Hawaii for the term of five years from

to

 

.

REGISTRATION OF A TRADE NAME WITH THE DEPARTMENT DOES NOT GRANT YOU OWNERSHIP OF THE TRADE NAME

STATE OF HAWAII

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS Dated:

(Director of Commerce and Consumer Affairs)

FORM T-1 01/2021

INFORMATION FOR APPLICANTS FOR REGISTRATION OF TRADE NAMES

REGISTRATION OF A TRADE NAME WITH THE DEPARTMENT DOES NOT GRANT YOU OWNERSHIP OF THE TRADE NAME.

Section 482-2, Hawaii Revised Statutes, provides that an applicant for registration of trade name must file an application with the Director of Commerce and Consumer Affairs, certifying that the applicant is the sole and original proprietor of the trade name or the assign of the proprietor. Ownership of a trade name is acquired by adoption and use of the trade name. Before filing an application, an applicant should check the computerized list of registered names to determine if there is a registration that is substantially identical to the name he wishes to register. A check should also be made in the telephone directory of each island, the city directory and with the Department of Taxation. When an application is filed, the Business Registration Division will make a search of the registrations on record to determine that there is no other registration that is the same or substantially identical to the trade name applied for.

Section 482-3, HRS, provides that the registration will be for a term of five years from the date of filing. Registrations may be renewed for additional periods of five years from the date of renewal by filing an application and $50.00 fee within six months prior to the expiration date.

Section 482-6, HRS, provides that if, after registration with the Director of Commerce and Consumer Affairs, the trade name is not used by the registrant for any period of 365 consecutive days, the trade name shall be subject to revocation. Any person desiring such revocation is required to file a verified petition with the Director requesting revocation of the trade name and setting forth facts indicating such nonuse by the registrant for a period of 365 consecutive days immediately preceding the date of filing of the petition. After granting an opportunity for hearing to the petitioner and registrant, the Director shall grant or deny the petition as the facts shall warrant.

Section 482-8, HRS, provides that any person claiming to be the owner of a trade name for which a certificate of registration has been issued to any other person, may file a verified petition with the Department for the cancellation of such registration setting forth facts in support of the claim for ownership. After granting an opportunity for hearing to the petitioner and registrant, the Director shall grant or deny the petition as the facts shall warrant.

Instructions: Application must be typewritten or printed in black ink and must be legible. Signature must be in black ink. Submit application together with the appropriate fee.

Application must be signed by the applicant if an individual. For corporations, application must be signed by an authorized officer of the corporation. For general or limited partnerships, application must be signed by a general partner. For LLC, application must be signed by a manager of a manager-managed company or by a member of a member-managed company. For LLP, application must be signed by a partner.

Line 1. State the full name of the applicant. State the complete address (including city, state, and zip code) of the applicant.

Line 2. Indicate whether the trade name to be registered is a new registration or a renewal of an existing registration. Renewals must be received prior to the expiration date of the current registration.

Line 3. Indicate the status of the applicant. If you check “Other,” you must explain what type of entity the applicant is.

Line 4. If the applicant is a corporation, partnership, or limited liability company, list the state or country in which it was incorporated, formed or organized.

Line 5. State the complete trade name to be registered. This form is not to be used to register the name of a new corporation, partnership, or limited liability company.

Line 6. Indicate whether the applicant is the originator of the trade name being registered, or whether the trade name was assigned to the applicant.

Line 7. State the nature of business to be transacted under the trade name.

Filing Fees: The filing fee of $50.00 is not refundable. Expedited review fee: $20.00. Payments made by cash, check, or credit card are accepted.

Make checks payable to DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS. Dishonored check fee is $25.00.

Contact information for the Business Registration Division

Phone: (808) 586-2727

Neighbor islands may call the following numbers followed by 6-2727 and the # sign:

Kauai 274-3141; Maui 984-2400; Hawaii 974-4000, Lanai & Molokai 1-800-468-4644 (toll free).

Fax: (808) 586-2733

Email Address: breg@dcca.hawaii.gov

Website: BusinessRegistrations.com

To complete this, and/or other Hawaii business registrations online, visit Hawaii Business Express at hbe.ehawaii.gov.

NOTICE: THIS MATERIAL CAN BE MADE AVAILABLE FOR INDIVIDUALS WITH SPECIAL NEEDS. PLEASE CALL THE BUSINESS REGISTRATION DIVISION SECRETARY AT 586-2744 TO SUBMIT YOUR REQUEST. ALL BUSINESS REGISTRATION FILINGS ARE OPEN TO PUBLIC INSPECTION (SECTION 92F-11, HRS).

Form Characteristics

Fact Name Description
Purpose of Form T-1 The T-1 form is used to register a trade name, trademark, or service mark in Hawaii.
Filing Fees A nonrefundable filing fee of $50 is required. An expedited review costs an additional $20.
Governing Law This form is governed by Chapter 482 of the Hawaii Revised Statutes.
Registration Term Once registered, a trade name is protected for five years, after which it can be renewed.
Consequence of Non-Use If the trade name is not used for 365 consecutive days, it may be revoked by the Director of Commerce and Consumer Affairs.

Guidelines on Utilizing Hawaii T1

Once you have gathered your information and are ready to proceed, filling out the Hawaii T1 form is a straightforward process. By following the steps outlined below, you can ensure that all necessary details are included for a successful registration of your trade name.

  1. Begin by providing the Applicant’s Name on the first line. Follow this with the Applicant’s Address, ensuring you include city, state, and zip code.
  2. On the second line, mark whether you are applying for a new registration or a renewal of an existing registration.
  3. Check the appropriate box indicating the Status of Applicant. Options include Sole Proprietor, Corporation, Partnership, LLC, LLP, Unincorporated Association, or other. If you select "Other," provide an explanation.
  4. If your application is for an entity, list the state or country where the entity was incorporated or organized.
  5. Next, clearly state the Trade Name that you wish to register.
  6. Indicate whether you are the Originator of the trade name or an Assignee who received the name from another party.
  7. On the following line, describe the Nature of the business for which the trade name will be used.
  8. Sign the application in black ink. If you are representing a business entity, the signature must come from an authorized person, depending on the type of business.
  9. Finally, ensure that you submit the application with the appropriate fee. The standard filing fee is $50.00, and there is an expedited review fee of $20.00 if you choose that option.

By carefully following these steps, you can complete your application with confidence. Make sure to double-check all entries for accuracy before submission to avoid any delays in processing your registration.

What You Should Know About This Form

What is the Hawaii T1 form used for?

The Hawaii T1 form is used to register a trade name, trademark, or service mark in the state of Hawaii. It allows businesses or individuals to secure the use of a trade name for a period of five years. This registration is necessary for ensuring that the chosen name is not already in use by another entity, thereby helping to avoid potential legal disputes concerning the name.

What are the fees associated with filing the Hawaii T1 form?

Filing the Hawaii T1 form incurs a nonrefundable fee of $50. Additionally, for those seeking quicker processing, an expedited review is available for an extra $20. Payments can be made using cash, check, or credit card. Make sure to write checks payable to the Department of Commerce and Consumer Affairs. If a check is dishonored, a fee of $25 will apply.

How long does the registration last and can it be renewed?

The registration of a trade name lasts for five years from the date of filing. If you wish to continue using the trade name after that period, you must file for renewal. This can be done by submitting a renewal application along with the $50 fee at least six months prior to the expiration date of your current registration. It's important to keep track of these timelines to maintain your trade name rights.

What happens if the trade name is not used?

If the trade name is not used for 365 consecutive days after registration, it may be subject to revocation. Any person can file a petition for revocation, showing evidence of nonuse. After a hearing, the Director will decide whether to grant or deny the petition based on the presented facts. Thus, it's crucial to actively use the registered trade name to avoid losing it.

Common mistakes

When filling out the Hawaii T1 form for registering a trade name, people often trip up in various ways. Understanding these common mistakes can save you time and avoid potential delays. Here are five frequent errors to watch out for.

One mistake is failing to provide complete information. Individuals sometimes neglect to fill in all required fields, such as the applicant's full name or address details. Incomplete information can lead to rejection of your application. Ensure every section is thoroughly completed, including your trade name, which you want to register.

Another common error is mismarking the registration type. You must clearly indicate whether you are applying for a new registration or a renewal. Misunderstanding this can result in confusion for both you and the Department of Commerce and Consumer Affairs, ultimately delaying your registration.

Additionally, some applicants overlook the ownership status. It's crucial to specify whether you are the originator of the trade name or if it has been assigned to you. This detail is important for validation purposes, and failing to address it may result in concerns regarding your rightful claim to the name.

Another point of contention arises from not checking the availability of the trade name. Before you submit your application, it is recommended to verify that the trade name is not already registered. Conducting this check ahead of time can save you from future hurdles and disappointment.

Lastly, neglecting the payment details can be detrimental. Applicants sometimes forget to include the necessary filing fees or fail to indicate their preferred payment method. Remember, the filing fee is $50.00, along with an expedited review fee of $20.00 if you choose that option. Failure to pay correctly might stall your application process.

By steering clear of these common pitfalls, you’ll set yourself up for a smoother application process. Focus on accuracy and completeness, and don’t hesitate to seek help if you feel stuck.

Documents used along the form

The Hawaii T1 form serves as a foundational document for registering a trade name, trademark, or service mark within the state. To effectively navigate the requirements and procedures associated with this registration process, several other forms and documents are critical for applicants. Each of these documents plays a unique role in ensuring that the registration is both valid and compliant with state regulations.

  • Business Registration Form: This form is necessary for businesses seeking to establish a formal legal entity. It includes essential information about the business structure, allowing the state to recognize it legally.
  • Application for Renewal of Trade Name: Businesses wishing to continue using a trade name beyond the initial five-year period must complete this form. It informs the state of the desire to renew the registration.
  • Cancellation of Trade Name Registration: Should a registrant decide to discontinue use of the trade name, this form must be filed to officially cancel the registration with the state.
  • Statement of Qualification for Hawaii LLC: For limited liability companies, this document provides proof of compliance with local regulations. It ensures that the LLC has the right to operate legally in Hawaii.
  • Certificate of Good Standing: This certificate demonstrates that a business is compliant with state requirements and is in good standing, which is often required for various filings and applications.
  • Partnership Registration Form: Partnerships are required to complete this form to formally register their partnership with the state, ensuring all partners are recognized legally.
  • Change of Business Name Application: If a business decides to change its registered trade name, this application must be filed to update the records with the state appropriately.
  • Nonprofit Registration Application: For organizations operating as nonprofits, this document is necessary to establish their legal status and eligibility for tax-exempt status in Hawaii.

Each of these forms and documents facilitates a crucial aspect of business registration and operation in Hawaii. Understanding their functions and requirements ensures that applicants can successfully navigate the process, maintain compliance with laws, and protect their interests in the marketplace.

Similar forms

  • Trademark Registration Application: Similar to the T1 form, a Trademark Registration Application is used to safeguard a brand’s identity. Both forms require applicants to disclose their business structure and the nature of their operations. Just as the T1 form registers a trade name, the Trademark Application protects a specific mark that represents the brand.
  • Doing Business As (DBA) Registration: Like the T1 form, the DBA registration allows businesses to operate under a name that differs from their legal business name. Both applications involve assessing existing names to prevent duplication, ensuring that a unique identity is maintained in the marketplace.
  • Certificate of Good Standing: While not directly registering a name, this certificate affirms that a business is authorized to operate in its state. It parallels the T1 form in verifying the legitimacy of an entity’s operations, requiring confirmation of status and compliance with state regulations.
  • Business License Application: This application is necessary for legal operation within a specific location. Both the T1 form and a Business License require detailed applicant information and confirm the nature of the business. Compliance and fees are also critical components in both processes.
  • Partnership Agreement: A foundational document that outlines the relationship between business partners. Though more complex, it shares similarities with the T1 form in defining the roles and stakes of individuals involved in the business. Both documents contribute to legitimate business practices and clarity in operations.

Dos and Don'ts

Filling out the Hawaii T1 form requires careful attention to detail. To ensure a seamless process, here are ten essential things you should and shouldn't do:

  • DO type or print the application in black ink for clarity.
  • DON'T use any other color ink; it may render your application illegible.
  • DO ensure all information is accurate and complete, particularly the applicant's name and address.
  • DON'T leave any required fields blank; incomplete applications are typically rejected.
  • DO check the computerized list of registered names before submitting to avoid conflicts.
  • DON'T assume your desired trade name is available without verification; prior registration may exist.
  • DO sign the application in black ink to meet submission requirements.
  • DON'T forget that only an authorized person can sign for corporations, partnerships, or LLCs.
  • DO submit the filing fee of $50.00 along with your application.
  • DON'T neglect to account for possible dishonored checks, which incur an additional fee of $25.00.

Remember, successful registration of a trade name is not the same as ownership. Take these guidelines seriously to facilitate a smoother application process.

Misconceptions

Misconceptions can often cause confusion when it comes to the Hawaii T1 form. Here are some common misunderstandings explained:

  • Registration Grants Ownership: Many people believe that registering a trade name gives them ownership of that name. In reality, registration does not grant ownership but simply secures the use of the name for a period.
  • Only Businesses Can Register: Some think only businesses can file for a trade name. However, individuals can also register trade names as sole proprietors.
  • Registration Is Automatic: There is a misconception that once you submit the form, the trade name is automatically yours. The application requires approval based on a search for conflicts with existing names.
  • Renewal Is Optional: Many assume that renewing a trade name registration is optional. In fact, failing to renew can lead to loss of rights to use the name after five years.
  • All Names Are Acceptable: Some believe any name can be registered. The name must not be identical or substantially similar to an existing registered trade name.
  • Renewals Need Not Be Timely: There is a belief that renewals can be submitted any time before expiration. They must be filed within six months prior to the expiration date.
  • No Action After Registration: Many think once the trade name is registered, no further action is needed. If not used for 365 consecutive days, the registration can be revoked.
  • Application Fees Are Refundable: Some applicants wrongly believe that the filing fee can be refunded if the registration is denied. The $50 filing fee is nonrefundable.
  • Forms Must Be Typed: There is a misconception that forms must be typed. The form can also be printed legibly in black ink.

Understanding these misconceptions can help clarify the process and ensure a smoother registration experience.

Key takeaways

When it comes to the Hawaii T1 form for registering a trade name, here are some essential points to keep in mind:

  • Filing Fee: A nonrefundable fee of $50.00 is required for the registration application.
  • Expedited Review: If you need faster processing, there is an additional fee of $20.00.
  • Application Type: Clearly indicate whether you are applying for a new registration or renewing an existing one.
  • Applicant's Information: Provide the full name and address of the applicant, ensuring all details are accurate.
  • Business Type: Specify whether the applicant is a sole proprietor, partnership, corporation, etc. This information is crucial.
  • Trade Name: The trade name you wish to register must be typed or printed in black ink and must be clearly legible.
  • Authorization: Ensure that the application is signed by the authorized person if the applicant is a corporation or other entity.
  • Usage Requirement: The registered trade name must be used for at least one year to avoid potential revocation.
  • Renewals: Registrations last for five years and can be renewed for additional five-year periods, but a renewal application must be submitted six months prior to expiration.
  • Checking Name Availability: Before filing, it’s vital to verify that the chosen trade name is not already in use. This can be done through various directories and the Department of Taxation.

By keeping these key takeaways in mind, you can simplify the process of completing and submitting the Hawaii T1 form for your trade name registration.