There’s a lot of things that I really love about being a lawyer… but one of the things I don’t?

When I have to tell my 1:1 trademark clients that they have to consider rebranding, which 9 times out of 10 involves a name change. 🫣

This is always a tough conversation to have and I get it… as a business owner that’s been growing your brand and business for years, it can feel like a shot in the chest when someone tells you that you HAVE (like for real, legally HAVE) to change it. 

You’ve poured your heart and soul into building your brand and you’ve worked so hard for people to recognize you for your thing just for THIS to happen?!

Yeah… I’d be pretty upset too.

That’s why when starting your brand or business from scratch I always advise people to make sure they’re doing it right from the beginning, which often involves a simple trademark search to ensure that you aren’t violating something that already exists.

(Here’s a list of the 5 most common mistakes most new business owners make – click here to learn how to avoid them!)

When you take the right steps up front, you can potentially avoid the nightmares like having to change your LLC name down the road, but in the instance that you ARE facing that situation, I’ve got you covered.

Save your Google searches and simply follow my steps below to make it a little less difficult. ⬇️

(And if you’re just starting the process of creating your LLC for the first time, click here for the free resource to help you do so with ease!)

The Step by Step Process For Changing the Name of Your LLC

1. Research to make sure your new business name is available

Ideally, this is the step you would’ve taken before you ever created your LLC in the first place, but again if not, don’t fret. We’re just going to start there this time to avoid this same situation in the future!

To find out if a business or brand name is available, you’ll simply want to do a quick search in your state database.

During this search, you’ll want to search for the primary business name, so for example if I were searching for my business, I would search “The Boutique Lawyer,” but you should also consider searching for your domain name (aka your website) and even the social media handles that you wish to use. 

ALL of those things have the potential to already be trademarked, meaning you CAN’T use them if they’re taken. 

2. Submit a name change request with your state

Once you’ve conducted your trademark search and have decided on the LLC name that you  want to change to, the process is actually pretty simple!

You’ll want to navigate to your Secretary of State’s website (here’s the one for Georgia if you’re a peach like me!) and typically it will just be a form that you fill out and pay a small fee to have the name change processed.

Name change requests are usually approved fairly quickly and made official at the state level within a few days after the request.

3. Notify the IRS

Once you have the state side of things figured out, you then have to deal with the federal side of things (aka with the IRS).

For your name change to take place federally, you will need to notify the IRS informing them of the name change. There are a few different ways to do this including sending them a letter, filing a return with your new address and more.

Here’s a closer look at what this process and the options look like!

4. Update your name with any permitting or licensing offices in your state

If applicable, your next order of business would be to update your name with any permitting or licensing offices in your state.

Depending on the type of your business, this may not be something you have to deal with! Most online businesses don’t have to worry about this. But if your business operates locally, there’s a chance you’ll need to take this extra step.

5. Update your bank information

Next, you’ll want to make sure that your bank information is updated with your name change as well. For this, you’ll likely need to send your bank a confirmation of the name change once approved by your state.

Occasionally, your bank may ask for an updated Form SS-4 from the IRS, which is your EIN or Tax Payer ID number and includes your business’ formal name.

6. Update your name within your business

Lastly, once you’ve gone through all of the formal legalities, it’s time to make sure that your name change is reflected EVERYWHERE throughout your business.

This means on your contracts, website, invoices, or anywhere that your business copyright might be displayed! And yes, this might feel like a tedious step, but YES it’s necessary.

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If we haven’t had the chance to *virtually* meet yet, hey I’m Amber – not a regular lawyer, but a cool lawyer that helps online business owners sell without getting sued. 

If you like what you just read and want more cool lawyer things in your life, here’s a few ways to stay connected:

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