You’ve got the perfect idea. The logo is sketched on a napkin, the domain is probably available, and you’re ready to plant your flag in the Heart of Dixie. But then you hit the paperwork wall. In Alabama, the line between a legal business name and a trade name is kinda blurry for most folks. You might think searching for an LLC name is the same thing as an Alabama trade name search, but honestly, that’s where the headaches start.
Most people assume that if they register "Southern Comfort BBQ LLC," they own that name for everything. They don't. If they want to put "Big Al’s Rib Shack" on the sign out front, they’ve entered the world of trade names. It’s basically the state’s version of a DBA (Doing Business As).
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Why the Alabama Secretary of State Search Isn't Enough
If you head over to the Alabama Secretary of State (SOS) website, you’ll find the Business Entity Search. It's great. It’s free. It tells you if "John Doe Enterprises" exists. But here is the kicker: a business entity search and an Alabama trade name search live in two different neighborhoods of the same city.
The entity search looks for formal structures—LLCs, Corporations, LPs. The trade name search, which falls under the "Trademarks" division, looks for the brand names people are actually using in the wild. You can have a perfectly unique LLC name that still infringes on someone else’s registered trade name.
Wes Allen, the current Secretary of State, oversees these records. His office keeps a database of every registered trademark, service mark, and trade name in the state. If you skip searching this specific database, you might end up with a cease-and-desist letter from a guy in Mobile who registered your "unique" name three years ago.
How to Actually Run the Search
Don't just type your name into Google and call it a day. That’s a rookie move.
- Go to the Source: Navigate to the official Alabama SOS Trademarks page.
- Filter by Type: You want to specifically look for "Trade Names."
- Broaden the Scope: Don't just search the exact phrase. If you want "Bama Brews," search for "Bama," "Bama Brew," and "Alabama Brewing." The state rejects names that are "confusingly similar," not just identical.
- Check Status: Look for "Active" registrations. If a name is "Expired" or "Dissolved," it might be up for grabs, but proceed with caution.
The Five-Year Trap
Here is something nobody talks about: trade names in Alabama aren't forever. Unlike your LLC, which basically lives as long as you pay your taxes and file reports, a trade name has an expiration date.
Specifically, it’s a five-year term.
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You get five years of protection. Then, six months before that clock hits zero, you have to file a renewal. If you miss that window? Your brand name becomes fair game. It’s a brutal system if you aren't organized. I’ve seen businesses lose a decade of brand equity because an admin assistant forgot to check a calendar in 2024.
The Cost of Doing Business
Registering isn't expensive, but the state isn't doing it for free either.
- Registration Fee: $30 per class.
- Renewal Fee: $30.
- Specimens: You need three "specimens" (basically proof you’re actually using the name, like a business card or a flyer).
If your business covers multiple "classifications"—say, you sell BBQ sauce (Goods) and you also have a catering service (Services)—you might need to file twice. That’s $60. Still cheaper than a lawsuit.
Common Mistakes That Kill Applications
The Alabama SOS office is notoriously picky about "specimens." You can’t just send a screenshot of your Facebook page and hope for the best. They want to see the name in use.
- Illegible copies: If they can't read the name on the photo of your storefront, they’ll toss the application.
- Wrong ownership: Listing yourself as the owner when the LLC should own the name is a classic blunder.
- Descriptive names: Trying to register "Birmingham Plumbing" is nearly impossible. It’s too descriptive. You need something "fanciful" or "suggestive." Think "Iron City Drains" instead.
The law behind this is found in the Code of Alabama 1975, specifically § 8-12-8. It basically says you can't deceive the public by using a name that’s too close to someone else's. It’s about consumer protection as much as it is about your brand.
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Setting Yourself Up for Success
So, you’ve done the Alabama trade name search. The path is clear. What now?
First, reserve the name if you aren't ready to file the full trademark application yet. A name reservation for a domestic entity costs about $28 online. It buys you a year of breathing room.
Second, get your specimens ready. Take high-quality photos of your signage, labels, or marketing materials. Ensure the name appears exactly as you want to register it—punctuation and all. Alabama is a "use-based" state, meaning you generally need to be using the name in commerce before you can claim the state-level registration.
Lastly, remember that a state trade name isn't a federal trademark. It protects you in the 67 counties of Alabama. If you plan on selling your famous "Gulf Coast Hot Sauce" in Georgia or Florida, you’ll eventually need to talk to the USPTO. But for most local shops, a solid search and a $30 check to Montgomery is the best insurance policy you can buy.
Actionable Steps:
- Use the Alabama Secretary of State Business Entity Search to ensure no LLC or Corp has your name.
- Use the Trademarks Search specifically for trade names to check for brand conflicts.
- Download form LAT-1 (Application to Register) from the SOS website.
- Prepare three distinct physical examples of the name being used in your business.
- Mail the application with a $30 check or money order (no starter checks!) to the Trademarks Division in Montgomery.