The Hawaii T1 form serves as an application for the registration of a trade name, trademark, or service mark in the state of Hawaii. This form is essential for individuals or entities seeking to secure the use of a trade name for a period of five years, with the possibility of renewal. To begin the registration process, please fill out the form by clicking the button below.
The Hawaii T1 form is a crucial document for individuals and businesses looking to register a trade name, trademark, or service mark in the state. This form, officially known as the Application for Registration of Trade Name, is governed by Chapter 482 of the Hawaii Revised Statutes. It requires applicants to provide essential information, including their name, address, and the nature of their business. A filing fee of $50 is applicable, with an additional $20 fee for expedited review. It's important to note that submitting this form does not grant ownership of the trade name; rather, it secures the right to use it for a term of five years, which can be renewed. Applicants must ensure that their chosen trade name is not already in use, as the Business Registration Division will conduct a search to confirm its availability. Additionally, the form must be completed legibly, either typed or printed in black ink, and signed by the appropriate party based on the applicant's business structure. Understanding the nuances of the T1 form is vital for anyone looking to protect their brand identity in Hawaii.
FORM T-1 01/2021
ASSOCIATED FEES:
Trade Name, Trademark, Service Mark Registrations
•Trade Name, Trademark, Service Mark Registration: Filing Fee: $50.00
Expedited Review: $20.00
Nonrefundable Filing Fee: $50.00
FORM T-1
01/2021
State of Hawaii
Department of Commerce and Consumer Affairs*T1*
Business Registration Division
335 Merchant Street, Suite 201, Honolulu, HI 96813
Mailing Address: P.O. Box 40, Honolulu, HI 96810
Phone: (808) 586-2727
APPLICATION FOR REGISTRATION OF TRADE NAME
(Chapter 482, Hawaii Revised Statutes)
PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK. See instruction on next page.
1.Applicant’s Name: Applicant’s Address:
(including city, state, and zip code)
2.
Registration is (check one):
New
3.
Status of Applicant (check only one):
OR
Renewal (Certificate No.
Sole Proprietor
Corporation
)
Partnership
LLC
LLP
Unincorporated Association
Other (explain):
4.If applicant is an entity, list state or country of incorporation/formation/organization:
5.Trade Name is:
6. Applicant is (check one):
Originator of name
7.Nature of business for which the trade name is being used:
Assignee (one to whom name was assigned to by another)
I certify, under the penalties set forth in Section 482-51, Hawaii Revised Statutes, that (check one):
I am the applicant
I am the
of the applicant named in the foregoing application, I am authorized to
(Office Held)
sign this application, and that the above statements are true and correct to the best of my knowledge and belief.
(Print Name)
(Signature)
(Date)
(DEPARTMENTAL USE ONLY)
Certificate of Registration No.
CERTIFICATE OF REGISTRATION OF TRADE NAME
In accordance with the provisions of Chapter 482, Hawaii Revised Statutes, this Certificate of Registration is issued to secure the aforesaid applicant the use of the said TRADE NAME throughout the State of Hawaii for the term of five years from
to
.
REGISTRATION OF A TRADE NAME WITH THE DEPARTMENT DOES NOT GRANT YOU OWNERSHIP OF THE TRADE NAME
STATE OF HAWAII
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS Dated:
(Director of Commerce and Consumer Affairs)
INFORMATION FOR APPLICANTS FOR REGISTRATION OF TRADE NAMES
REGISTRATION OF A TRADE NAME WITH THE DEPARTMENT DOES NOT GRANT YOU OWNERSHIP OF THE TRADE NAME.
Section 482-2, Hawaii Revised Statutes, provides that an applicant for registration of trade name must file an application with the Director of Commerce and Consumer Affairs, certifying that the applicant is the sole and original proprietor of the trade name or the assign of the proprietor. Ownership of a trade name is acquired by adoption and use of the trade name. Before filing an application, an applicant should check the computerized list of registered names to determine if there is a registration that is substantially identical to the name he wishes to register. A check should also be made in the telephone directory of each island, the city directory and with the Department of Taxation. When an application is filed, the Business Registration Division will make a search of the registrations on record to determine that there is no other registration that is the same or substantially identical to the trade name applied for.
Section 482-3, HRS, provides that the registration will be for a term of five years from the date of filing. Registrations may be renewed for additional periods of five years from the date of renewal by filing an application and $50.00 fee within six months prior to the expiration date.
Section 482-6, HRS, provides that if, after registration with the Director of Commerce and Consumer Affairs, the trade name is not used by the registrant for any period of 365 consecutive days, the trade name shall be subject to revocation. Any person desiring such revocation is required to file a verified petition with the Director requesting revocation of the trade name and setting forth facts indicating such nonuse by the registrant for a period of 365 consecutive days immediately preceding the date of filing of the petition. After granting an opportunity for hearing to the petitioner and registrant, the Director shall grant or deny the petition as the facts shall warrant.
Section 482-8, HRS, provides that any person claiming to be the owner of a trade name for which a certificate of registration has been issued to any other person, may file a verified petition with the Department for the cancellation of such registration setting forth facts in support of the claim for ownership. After granting an opportunity for hearing to the petitioner and registrant, the Director shall grant or deny the petition as the facts shall warrant.
Instructions: Application must be typewritten or printed in black ink and must be legible. Signature must be in black ink. Submit application together with the appropriate fee.
Application must be signed by the applicant if an individual. For corporations, application must be signed by an authorized officer of the corporation. For general or limited partnerships, application must be signed by a general partner. For LLC, application must be signed by a manager of a manager-managed company or by a member of a member-managed company. For LLP, application must be signed by a partner.
Line 1. State the full name of the applicant. State the complete address (including city, state, and zip code) of the applicant.
Line 2. Indicate whether the trade name to be registered is a new registration or a renewal of an existing registration. Renewals must be received prior to the expiration date of the current registration.
Line 3. Indicate the status of the applicant. If you check “Other,” you must explain what type of entity the applicant is.
Line 4. If the applicant is a corporation, partnership, or limited liability company, list the state or country in which it was incorporated, formed or organized.
Line 5. State the complete trade name to be registered. This form is not to be used to register the name of a new corporation, partnership, or limited liability company.
Line 6. Indicate whether the applicant is the originator of the trade name being registered, or whether the trade name was assigned to the applicant.
Line 7. State the nature of business to be transacted under the trade name.
Filing Fees: The filing fee of $50.00 is not refundable. Expedited review fee: $20.00. Payments made by cash, check, or credit card are accepted.
Make checks payable to DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS. Dishonored check fee is $25.00.
Contact information for the Business Registration Division
Neighbor islands may call the following numbers followed by 6-2727 and the # sign:
Kauai 274-3141; Maui 984-2400; Hawaii 974-4000, Lanai & Molokai 1-800-468-4644 (toll free).
Fax: (808) 586-2733
Email Address: [email protected]
Website: BusinessRegistrations.com
To complete this, and/or other Hawaii business registrations online, visit Hawaii Business Express at hbe.ehawaii.gov.
NOTICE: THIS MATERIAL CAN BE MADE AVAILABLE FOR INDIVIDUALS WITH SPECIAL NEEDS. PLEASE CALL THE BUSINESS REGISTRATION DIVISION SECRETARY AT 586-2744 TO SUBMIT YOUR REQUEST. ALL BUSINESS REGISTRATION FILINGS ARE OPEN TO PUBLIC INSPECTION (SECTION 92F-11, HRS).
Filling out the Hawaii T1 form requires careful attention to detail. After completing the form, you will need to submit it along with the appropriate filing fee. Ensure that all information is accurate and legible to avoid delays in processing.
The Hawaii T1 form is an application used for the registration of trade names, trademarks, and service marks in the state of Hawaii. This form must be filed with the Department of Commerce and Consumer Affairs to secure the use of a trade name for a term of five years. It's essential to understand that registering a trade name does not grant ownership of that name; ownership is established through adoption and use.
The filing fee for the T1 form is $50.00, which is nonrefundable. If you require expedited review of your application, an additional fee of $20.00 applies. Payments can be made via cash, check, or credit card, and checks should be made payable to the Department of Commerce and Consumer Affairs.
The registration of a trade name is valid for five years from the date of filing. If you wish to continue using the trade name beyond this period, you must file for renewal and pay the $50.00 fee within six months prior to the expiration date.
If a trade name is not used for 365 consecutive days, it may be subject to revocation. A verified petition must be filed with the Director of Commerce and Consumer Affairs to request revocation, stating the facts that indicate nonuse. The Director will then hold a hearing to decide whether to grant or deny the petition.
Yes, before filing your application, it is advisable to check the computerized list of registered names. This ensures that there are no existing registrations that are substantially identical to the name you wish to register. You can also check local telephone directories and the Department of Taxation for additional verification.
The T1 form must be signed by the applicant. If the applicant is a corporation, an authorized officer must sign. For partnerships, the general partner should sign, while a manager or member must sign for an LLC. In the case of an LLP, a partner is required to sign the application.
If you believe you are the rightful owner of a trade name that has already been registered by another party, you can file a verified petition for cancellation of the registration. This petition must include facts supporting your claim. A hearing will be held to determine the validity of your claim.
You will need to provide several pieces of information, including:
Make sure to complete the form legibly and in black ink.
For additional information, you can contact the Business Registration Division at (808) 586-2727. For those on neighboring islands, specific numbers are available. You can also visit the website BusinessRegistrations.com or use the Hawaii Business Express at hbe.ehawaii.gov for online registrations.
Yes, all business registration filings, including those submitted via the T1 form, are open to public inspection. This is in accordance with Section 92F-11 of the Hawaii Revised Statutes.
Illegible handwriting: The form must be typed or printed in black ink. Illegible handwriting can lead to processing delays.
Incorrect applicant status: Applicants often fail to select the correct status, such as Sole Proprietor, Corporation, or LLC. This mistake can affect the registration process.
Missing address details: The applicant's address must include the complete information: street address, city, state, and zip code. Omitting any part can result in rejection.
Failure to check name availability: Applicants sometimes do not verify if the desired trade name is already registered. This oversight can lead to unnecessary complications.
Improper signature: The application must be signed by the applicant or an authorized representative. An incorrect signature can invalidate the application.
Missing or incorrect fees: The filing fee of $50 must be included, and applicants should ensure they are using the correct payment method. Failure to do so can delay processing.
Inaccurate nature of business: Applicants often provide vague or inaccurate descriptions of the business. Clear and specific information is essential for proper registration.
The Hawaii T1 form is essential for registering a trade name in the state. However, several other documents may accompany this form to ensure a smooth registration process. Understanding these documents can help streamline your application and clarify your business intentions.
By familiarizing yourself with these documents, you can enhance your understanding of the trade name registration process in Hawaii. Each form serves a specific purpose and contributes to the overall legality and functionality of your business operations.
The Hawaii T1 form, used for registering trade names, shares similarities with the Application for a Federal Employer Identification Number (EIN). Both documents require detailed information about the business entity and its ownership structure. Just as the T1 form asks for the applicant's name and address, the EIN application requests the legal name and address of the business. Each form serves as a foundational step in establishing a business's identity, ensuring compliance with regulations and facilitating tax obligations.
Another document that resembles the Hawaii T1 form is the Trademark Application filed with the United States Patent and Trademark Office (USPTO). Both forms aim to protect a business's brand identity. The Trademark Application requires the applicant to specify the trademark and its intended use, similar to how the T1 form requests details about the trade name and the nature of the business. Both processes involve a review period to assess the uniqueness of the name or mark being registered.
The Business License Application is yet another document that mirrors the Hawaii T1 form. Both forms are essential for legitimizing a business operation within a specific jurisdiction. The Business License Application typically asks for the business name, address, and ownership details, paralleling the information required on the T1 form. Each serves as a gateway to ensuring that businesses operate legally and adhere to local regulations.
Additionally, the Certificate of Incorporation shares common ground with the T1 form. While the T1 focuses on trade names, the Certificate of Incorporation establishes a corporation's legal existence. Both documents require information about the business structure and ownership. They are vital for ensuring that businesses are recognized by the state and can operate within the legal framework.
The Assumed Name Certificate, often referred to as a DBA (Doing Business As) registration, is similar to the Hawaii T1 form in that both allow businesses to operate under a name different from their legal name. The Assumed Name Certificate requires the business owner to provide their legal name and the name they wish to use. This is akin to the T1 form, which asks for the trade name and the applicant's details, ensuring transparency in business operations.
The Partnership Agreement is another document that shares similarities with the T1 form, particularly for partnerships. Both documents require information about the partners and the business name. While the T1 form registers a trade name, the Partnership Agreement outlines the roles and responsibilities of each partner. Both are essential for establishing a clear understanding of the business structure and its operations.
The Sales Tax Permit application is also comparable to the Hawaii T1 form. Both forms require the applicant to provide their business name and address, ensuring that the state has accurate records of businesses operating within its jurisdiction. The Sales Tax Permit is necessary for collecting sales tax, while the T1 form secures the right to use a specific trade name, both contributing to the lawful operation of a business.
The Articles of Organization for Limited Liability Companies (LLCs) is another document that resonates with the T1 form. Both require information about the business name and ownership structure. While the Articles of Organization establish the LLC's legal existence, the T1 form registers the trade name. Each document plays a critical role in defining how a business operates and is recognized by the state.
The Certificate of Good Standing is also relevant when comparing documents. This certificate confirms that a business is compliant with state regulations and has fulfilled its obligations, much like the T1 form ensures that a trade name is registered properly. Both documents serve as proof of legitimacy and can be required in various business transactions, enhancing credibility in the marketplace.
Finally, the Nonprofit Organization Registration form bears similarities to the Hawaii T1 form, especially regarding the need for transparency about the organization's name and structure. Both documents require detailed information about the organization and its purpose. While the T1 form focuses on trade names, the Nonprofit Registration ensures that charitable organizations comply with state laws, both fostering trust and accountability in their respective sectors.
When filling out the Hawaii T1 form, it is essential to follow certain guidelines to ensure a smooth application process. Here is a list of things to do and avoid:
By adhering to these guidelines, applicants can enhance their chances of a successful registration process. Always take the time to review your application before submission.
Understanding the Hawaii T1 form is essential for anyone looking to register a trade name, trademark, or service mark in the state. However, several misconceptions can lead to confusion. Here are seven common misunderstandings regarding the Hawaii T1 form:
Being aware of these misconceptions can help applicants navigate the registration process more effectively. It is always advisable to consult with a professional or the Business Registration Division for specific guidance.
Filling out the Hawaii T1 form is an important step for anyone looking to register a trade name in the state. Here are some key takeaways to help guide you through the process:
By keeping these points in mind, you can navigate the registration process with confidence. Always remember to double-check your application for accuracy before submission to ensure a smooth experience.