North Dakota Trade Name Registration: Rules, Filing, and Renewal

North Dakota trade name registration is handled online through the Secretary of State’s FirstStop Portal, costs $25, and lasts five years. If you do business in the state under any name that is not your own legal name (or, for an entity, the exact name on file with the Secretary of State), you have to register that name before you start operating.1Justia Law. North Dakota Century Code Title 47 Chapter 47-25

Who Has to Register

The rule applies to sole proprietors, corporations, LLCs, and other organizations. You are exempt in a few situations:

  • A sole proprietor doing business under their own full legal name or surname (for example, “Jane Smith” or “Smith”) does not need a trade name filing.
  • A corporation or LLC operating under the exact name it registered with the Secretary of State does not need a separate trade name.
  • Partnerships that have already filed a fictitious name certificate under Chapter 45-11 are excluded.
  • Businesses that operated under a trade name before July 1, 1959 may continue without registering.1Justia Law. North Dakota Century Code Title 47 Chapter 47-25

Even if you qualify for an exemption, you can register voluntarily. Doing so gives you the same legal protections as a required registration, which matters if you want to block competitors from using a similar name later on.

Rules Your Name Has to Meet

Two things can get an application rejected: using words you’re not entitled to, and picking a name too close to one already on file.

Restricted Words

You cannot include “corporation,” “company,” “incorporated,” “limited,” “limited liability company,” “limited partnership,” or their abbreviations in a trade name unless your business is actually that type of entity. A sole proprietor cannot register a name containing “LLC” or “Inc.” because it would misstate the business structure.1Justia Law. North Dakota Century Code Title 47 Chapter 47-25

Banking terms carry a separate rule. “Bank,” “banker,” “banking,” “trust,” and “trust company” cannot appear in a business name without written approval from the North Dakota Department of Financial Institutions. These words are reserved for state and national banking corporations, trust companies, and the Bank of North Dakota.2North Dakota Secretary of State. Register a Business

Distinguishable From Names Already on File

Your name has to be distinguishable from every corporate name, LLC name, trade name, fictitious partnership name, limited partnership name, and trademark or service mark already registered or reserved with the Secretary of State. The Secretary of State decides whether two names are too close.1Justia Law. North Dakota Century Code Title 47 Chapter 47-25

If the name you want is similar to one already on file, there’s a workaround. Get written consent from the holder of the similar name and pay a $10 consent fee with your registration. If you’re registering a franchise name, you also need written consent from the franchisor.1Justia Law. North Dakota Century Code Title 47 Chapter 47-25

How to File

Start by searching the existing business and trademark records in the FirstStop Portal to check whether your proposed name is available.2North Dakota Secretary of State. Register a Business Confirming availability up front avoids a rejection later.

Once the name is clear, complete the trade name registration form in the portal. It asks for four pieces of information:

  • The trade name you want to register.
  • Owner information: your name and address, or for a corporation or LLC, the state or country of formation.
  • Principal place of business address.
  • The nature of the business, in detail.1Justia Law. North Dakota Century Code Title 47 Chapter 47-25

The filing fee is $25.2North Dakota Secretary of State. Register a Business The Secretary of State’s office reviews the application to confirm the name meets the statutory requirements. Once approved, your registration is valid for five years from the filing date.

Renewing Before It Expires

A registration lasts exactly five years. To renew, reregister the same way you originally filed, within the 90 days before your expiration date. The renewal fee is $25.3North Dakota Secretary of State. Maintain Registration The Secretary of State sends a reminder at least 90 days before expiration, but tracking the date yourself is safer.1Justia Law. North Dakota Century Code Title 47 Chapter 47-25

Let it lapse and you lose the legal protections that come with registration. The Secretary of State may destroy expired registration records after one year, so a lapsed registration can mean filing fresh rather than renewing late.1Justia Law. North Dakota Century Code Title 47 Chapter 47-25

Changes After You File

If your address, ownership name, business activities, or the purpose of the registration changes, file an amendment with the Secretary of State. The fee is $25 for most amendments. A name change for the registrant requires a notarized statement for individuals, or a certificate of fact from the appropriate state authority for out-of-state entities.1Justia Law. North Dakota Century Code Title 47 Chapter 47-25

You can also transfer a trade name to another person or entity through an assignment. The fee is $25. Assignment does not extend the five-year term; the new owner inherits whatever time is left on the original registration.3North Dakota Secretary of State. Maintain Registration

What Registration Actually Gets You

The main benefit is the right to sue. Once your trade name is registered, you can bring a civil action to stop anyone else from using the same name in North Dakota.1Justia Law. North Dakota Century Code Title 47 Chapter 47-25 Without registration, you have no statutory basis for that kind of claim, and if a competitor registers the name first, they can go after you instead.

Registration also creates a public record showing your name and the date you started using it. That paper trail can be useful evidence of prior use if you later apply for a federal trademark, though it does not substitute for a federal filing.

State Registration Is Not a Federal Trademark

A North Dakota trade name registration protects your name inside the state. It gives you no rights at the federal level. If you sell products or services across state lines and want nationwide protection, you need a federal trademark through the United States Patent and Trademark Office.

The two do different jobs. A trade name identifies the business itself. A trademark protects a name, logo, or slogan used to brand goods or services. Many businesses end up needing both: the state trade name to comply with North Dakota law, and a federal trademark to protect the brand in a wider market. For a business operating primarily inside the state, the trade name registration is the cheaper and faster starting point, and it builds a documented history of use that can support a later federal application.