How to Register an LLC in New York

By Anna Assad

When forming an LLC in New York, you must select a name not already in use. It is a good idea to select a name or design for your logo that you can trademark. The registration of your LLC's trademark in New York prevents other businesses from using the designation in the state. You can check to see if your proposed trademark is available by contacting the Miscellaneous Records Division of the New York Department of State. Trademarking is not required, but doing so protects the label you want to use. Additionally, a foreign LLC, or company formed outside of New York, must register to legally do business in New York. Also, an LLC with employees must register with the federal government for tax purposes using its employer identification number (EIN) -- the number the IRS and New York State Department of Taxation and Finance use to identity the LLC.

Registering a Trademark

Step 1

Visit the official website of the New York Department of State. Download and print the Original Application to Register a Trademark form.

Step 2

Complete the trademark form. Follow all instructions and determine the filing fee. Place three examples of the LLC's trademark with the form. The examples must show how the mark is actually used on your products or equipment. Do not staple or glue the examples to the form.

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Step 3

Mail the form, examples and payment to New York State Department of State, Miscellaneous Records Unit, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001. You will receive notification of your trademark status in the mail.

Registering a Foreign LLC

Step 1

Visit the official website of the New York Department of State. Use the Corporation & Business Entity Database search to determine if your foreign LLC's name is available for use. Download the Application for Authority.

Step 2

Contact the government department that handles the filing of LLCs in the area in which yours was created. Request a Certificate of Existence, also referred to as a Certificate of Good Standing.

Step 3

Complete the Application for Authority. Attach your certificate of existence or good standing to the form.

Step 4

Mail the form and certificate to NYS Department of State, Division of Corporations, One Commerce Plaza; 99 Washington Avenue, Albany, NY 12231. Include the filing fee, which is $250 as of 2010.

Registering for Taxes

Step 1

Apply to the IRS for an EIN. Visit the official website of the IRS to apply online or download and print the application, Form SS-4. On the form, you will need to include your business name and principal office location, the name of the responsible party, the number of employees you expect to hire in the next year, if any, and the signature and phone number of the person applying for the EIN.

Step 2

Submit your EIN application online if you used the online process. Follow all instructions for submission. Keep a copy of the confirmation for your records.

Step 3

Mail the EIN application if you printed the form. Mail to Internal Revenue Service, Attn: EIN Operation, Cincinnati, OH 4599. If you do not have a legal residence or business or office location anywhere in the United States, mail to Internal Revenue Service, Attn: EIN International Operation, Philadelphia, PA 19255. Make a copy of the form for your records prior to mailing. You will receive the LLC's EIN by mail. Use the EIN on all federal and state tax documents for the LLC.

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How to Use TESS for Trademark

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A trademark is phrase, symbol or design element that identifies the brand of a product or service. Unlike a copyright or patent, trademark protection takes effect as soon as the mark is first used in commerce, even without registration. Non-traditional trademarks include shapes, such as the trademark for the three-dimensional iPod shape granted to Apple by the U.S. Patent and Trademark Office in January 2012.

How to Trademark a Name in Michigan

Your trademark name distinguishes the products you offer in the marketplace from your competitors' products. You can establish trademark rights in your brand name in three different ways -- through common law usage, state registration and federal registration. Under common law, you automatically acquire basic trademark rights once you use your unique brand name in association with your goods offered in commercial trade. For state registration in Michigan, you register your trademark through the Michigan Department of Licensing and Regulatory Affairs. The registration confirms your claim of ownership over the trademark name within the state. Optional federal trademark registration, through the U.S. Patent and Trademark Office, offers exclusive rights to use the trademark throughout the United States.

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The primary reason to conduct a trademark search is to avoid using a name for your business that cannot be registered with the federal or state government. Before using the name, it is important to check whether the name, or a very similar name, is currently in use. You can check the records of the United States Patent and Trademark Office (USPTO) for federally registered trademarks. State registered trademarks can be checked in the records of the state agency overseeing trademark registration. You should also research the market area where you do business to search for unregistered trademarks currently in use.

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