Does filing of a Business Certificate protect me from others using the same name?
NO, filing a Business Certificate (DBA) does not protect your business name. The protection of a trademark (word, name, symbol or device) in Massachusetts is accomplished through the Secretary of States office.
What if I discontinue or withdraw from the business?
A Statement of Discontinuance from must be completed and filed with the Town Clerk if one of the following occurs before the expiration:
- Business is discontinued
- One or more persons named on the certificate is withdrawn or retired from the business or partnership.
- One or more of the persons named on the certificate dies.
A filing fee of $5.00 will be charged for the above changes.
Any other items that might be needed before I open my business?
The issuance of a Business Certificate by the Town Clerk does not ensure your compliance with other state and local laws and regulations. The operation of your business may require the issuance of licenses and or permits as mandated by local and state laws and regulations including but not limited to the Zoning By-Laws of Southwick, Code of the Town of Southwick, and the Massachusetts Building Code to conduct business in the Town of Southwick.
The operation of your business in the Town of Southwick may require contact with one or more of the following municipal departments for required permits and licenses that may include the following:
VARIOUS LICENSES OR PERMITS
STORAGE OF FLAMMABLES
*To ensure that your business is legally permissible and to avoid added expenses or unnecessary delays to the opening of your business, it is strongly recommended that you contact the above mentioned municipal departments prior to initiating any work associated with your business venture.
For more information about starting a business in Massachusetts can be found on the State’s website: www.mass.gov.