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I'm a student, and I'm interested in making apps/websites. Thus, I registered for a Student account with App Hub {WP7 dev program.} I also made a website where people can play my HTML5/JS based game.

In order to pay for some expenses, I made some of my WP7 games paid. I also created a website for my 'company'. It's just that - a 'company'. App Hub has me listed as a student developer. My name for the WP7 marketplace is 'XYZName' - not 'XYZName Corporation' or 'XYZName Corp' or 'XYZName LLC' or 'XYZName Ltd.'

However, I am now wondering what I am allowed to call my 'company'. I have no desire to go get any papers or make it legally a company - that would take more time, money, and resources than the benefits the app-making provides. As you might infer, it's simply me that's part of this 'company'.

Thus: What could I call my company if I really wanted to? XYZName LLC? XYZName Corp?

If it makes a difference, I live in New Hampshire.

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@Ryan Doom: 2 questions: 1)How long would this take? 2)Is there a limit on how old you must be to do this? – JavaAndCSharp Apr 11 '12 at 21:50
I'm 95% sure you need to be 18. – Ryan Doom Apr 12 '12 at 3:43
@Ryan Doom: Great! How long does this usually take? – JavaAndCSharp Apr 12 '12 at 12:55
Been awhile since I've done one but you will essentially be doing business as yourself - so you'll file some extra paperwork for tax purposes but you should get some paperwork back in 2-3 weeks is my guess. – Ryan Doom Apr 12 '12 at 17:44

2 Answers

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The only thing you are legally allowed to do is sell stuff as yourself, ie, under your own name.

Suffixes like "Corp" and "LLC" have very specific legal meanings so you can't use them unless you create a real company under state law.

A relatively simple option is to create a DBA. This likely also requires some paperwork with state or local government.

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So, I can call my company XYZName, but not XYZName Corporation or XYZName LLC? – JavaAndCSharp Apr 11 '12 at 2:36
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Selling under XYZName would be a DBA and you need to comply with state/local law for that (seems silly in the Internet age). You could sell a product called XYZName where you as an individual are the seller. – Kekito Apr 11 '12 at 2:39
so if John Doe calls his company SuperDuperAwesomeApps, he needs a DBA to do this? Wouldn't this mean a lot of the app developers on the main app stores are illegally using their 'names'? – JavaAndCSharp Apr 11 '12 at 21:50
Yes (in most states) and yes. I doubt that anyone ever gets in any trouble for breaking this law however... – Kekito Apr 12 '12 at 12:41
...but this contradicts the other answer here! Huh? – JavaAndCSharp Apr 12 '12 at 12:56
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up vote 1 down vote

The US Small Business Administration has an extremely comprehensive page on registering a fictitious name which contains a chart showing the DBA filing requirements for several states. Some states do not require filing. New Hampshire, not only requires one to register a trade name but also charges a fee of $50.

The specific laws surrounding trade names can be found in Chapter 349 of the New Hampshire statutes.

To answer "What could I call my company if I really wanted to?" whatever your heart desires that does not include word/phrases like these:

  • same as or likely to be confused with existing entities registered to do business in the state regardless of whether the were formed in NH
  • same as or likely to be confused with a reserved name
  • same as or likely to be confused with a a registered political party
  • contain "farmers' market" unless 2+ "vendors of agricultural commodities" gather to sell things to the public (I don't kid)
  • same as or like an agency or instrumentality of the United States/NH/subdivisions
  • "junior college" "college'' "university" or related to higher learning unless your institution provides as such
  • "corporation" "incorporated" "limited"; "corp." "inc." "ltd." or "words or abbreviations of like import in another language"
  • "professional corporation," "professional association," "Prof. Corp." "Prof. Ass'n" " P.C.", or "P.A."
  • "farm" "farmers' market" "agrotourism" unless applicable
  • cooperative
  • "limited liability company", "L.L.C."
  • "limited partnership"
  • "limited liability partnership", "L.L.P.'' or "LLP" near the end of the name

Note: this list was compiled from NH Statutes, so if you really can't let go of a name like "agrotourism" try registering elsewhere. Since you're on the web (read: not really in NH), you may be able to register elsewhere. I'm really not sure of the stipulations however.

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So I could name my 'company' AwesomeSuperDuperApps legally without any papers, just not AwesomeSuperDuperApps Corp or AwesomeSuperDuperApps LLC? [not really a name I'd consider] – JavaAndCSharp Apr 11 '12 at 21:08
Yep, and it looks like no one is using that name. – faraz Apr 12 '12 at 3:37

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