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The Hawaii T1 form is essential for anyone looking to register a trade name, trademark, or service mark in the state. This form is managed by the Department of Commerce and Consumer Affairs, specifically through the Business Registration Division. When completing the T1 form, applicants must provide detailed information, including their name, address, and the nature of their business. It is crucial to indicate whether the application is for a new registration or a renewal. The form also requires the applicant to certify their status, whether as an originator of the trade name or an assignee. A filing fee of $50 is required, along with an option for expedited review at an additional cost. Understanding the registration process is vital, as it does not grant ownership of the trade name but secures its use for a five-year term. If the name is not used for 365 consecutive days, it may be subject to revocation. Therefore, careful attention to detail and adherence to the guidelines is necessary for a successful application.

Sample - Hawaii T1 Form

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

OR

 

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

OR

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

OR

 

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)

FORM T-1 01/2021

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

Phone: (808) 586-2727

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).

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Form Information

Fact Name Details
Governing Law This form is governed by Chapter 482 of the Hawaii Revised Statutes.
Filing Fee The nonrefundable filing fee for registering a trade name is $50.00.
Renewal Period Registrations last for five years and can be renewed for additional five-year terms.
Expedited Review An expedited review option is available for an additional fee of $20.00.
Nonuse Revocation If a trade name is not used for 365 consecutive days, it may be subject to revocation.

Detailed Guide for Filling Out Hawaii T1

Filling out the Hawaii T1 form is a straightforward process that requires careful attention to detail. Once you have completed the form, you will need to submit it along with the appropriate fees to the Business Registration Division. Ensure that all information is accurate and legible to avoid any delays in processing.

  1. Begin by entering the applicant’s name on the first line.
  2. On the next line, provide the applicant’s address, including city, state, and zip code.
  3. Indicate whether this is a new registration or a renewal by checking the appropriate box.
  4. Check the status of the applicant by selecting one option: Sole Proprietor, Corporation, Partnership, LLC, LLP, Unincorporated Association, or Other. If you choose "Other," provide an explanation.
  5. If the applicant is an entity, specify the state or country of incorporation, formation, or organization.
  6. Clearly state the trade name that you wish to register.
  7. Indicate whether the applicant is the originator of the trade name or an assignee by checking the appropriate box.
  8. Describe the nature of the business for which the trade name will be used.
  9. Certify the application by checking the appropriate box to confirm whether you are the applicant or an authorized representative. Include your printed name, signature, and date.

After completing these steps, review the form for accuracy. Submit it along with the $50 filing fee or the expedited review fee of $20, if applicable. Ensure that your payment method is acceptable, and keep a copy of the submitted form for your records.

Obtain Answers on Hawaii T1

  1. What is the Hawaii T1 form?

    The Hawaii T1 form is an application for the registration of a trade name, trademark, or service mark in the State of Hawaii. This form is used to secure the rights to a specific trade name for a period of five years, as outlined in Chapter 482 of the Hawaii Revised Statutes.

  2. What are the associated fees for filing the T1 form?

    The filing fee for the T1 form is $50.00, which is nonrefundable. If you require expedited review, there is an additional fee of $20.00.

  3. How long is the registration valid?

    The registration of a trade name is valid for five years from the date of filing. You can renew the registration for additional five-year periods by submitting a renewal application and the $50.00 fee within six months prior to the expiration date.

  4. What happens if the trade name is not used?

    If the trade name is not used for 365 consecutive days, it may be subject to revocation. A verified petition must be filed to request revocation, demonstrating nonuse during that period.

  5. Can I cancel a trade name registration?

    Yes, if you believe you are the rightful owner of a trade name that is registered to someone else, you can file a verified petition for cancellation. A hearing will be held to determine the validity of your claim.

  6. How should I complete the T1 form?

    The T1 form must be completed using black ink, either typed or printed legibly. Ensure that all sections are filled out accurately, including the applicant's name, address, and the nature of the business.

  7. What is the contact information for the Business Registration Division?

    You can reach the Business Registration Division at:

  8. Where can I file the T1 form online?

    You can complete the T1 form and other Hawaii business registrations online by visiting Hawaii Business Express.

Common mistakes

Filling out the Hawaii T1 form can be a straightforward process, but many applicants make common mistakes that can lead to delays or complications. Understanding these pitfalls can help ensure a smoother registration experience.

One frequent mistake is failing to print or type the application in black ink. The instructions clearly state that the form must be filled out legibly. If the form is difficult to read, it may be rejected, requiring resubmission.

Another common error involves the applicant's name and address. Applicants sometimes forget to provide their full name or complete address, including city, state, and zip code. Omitting any part of this information can cause confusion and lead to processing delays.

Many applicants also overlook the requirement to check the appropriate box for whether the registration is new or a renewal. This simple step is crucial, as it helps the department understand the nature of the application right away.

In addition, some individuals fail to indicate their status correctly. The form requires applicants to check only one box for their status. If multiple boxes are checked or none at all, it can lead to complications in processing the application.

Another mistake occurs when applicants do not provide the state or country of incorporation or formation if they are an entity. This information is essential for the department to process the application accurately.

Applicants often forget to specify the complete trade name they wish to register. This omission can result in a rejection of the application, as the department cannot process an incomplete request.

Additionally, some individuals incorrectly identify themselves as the originator of the trade name when they are actually the assignee. Misrepresenting this information can lead to legal complications and may jeopardize the registration.

Failing to describe the nature of the business associated with the trade name is another common oversight. This description is vital for understanding how the trade name will be used and is necessary for the application to be complete.

Lastly, applicants sometimes neglect to sign the application in black ink. A missing signature can delay the processing of the application significantly. It is essential that the application is signed by the appropriate person, whether that is the applicant or an authorized representative.

By being aware of these common mistakes, applicants can take the necessary steps to ensure their Hawaii T1 form is completed correctly, paving the way for a successful registration process.

Documents used along the form

The Hawaii T1 form is essential for registering a trade name in the state. However, there are several other forms and documents that you might need to consider when setting up your business. Each document serves a specific purpose, ensuring that your business is compliant with local regulations.

  • Form T-2: This form is used for renewing a trade name registration. It must be submitted before the current registration expires to avoid any lapse in your trade name protection.
  • Form T-3: This form is for requesting a change of trade name. If you decide to alter your existing trade name, you’ll need to fill out this form to update the registration.
  • Form T-4: Use this form to cancel a trade name registration. If you no longer wish to use your trade name, this is the document that officially removes it from the registry.
  • Business License Application: This document is required to operate legally in Hawaii. It varies by business type and ensures compliance with local regulations.
  • Employer Identification Number (EIN): Obtained from the IRS, this number is necessary for tax purposes if you plan to hire employees or operate as a corporation or partnership.
  • Articles of Incorporation: If you are forming a corporation, this document is essential. It outlines the structure of your corporation and is filed with the state.
  • Operating Agreement: For LLCs, this document outlines the management structure and operating procedures. It’s not required by the state but is highly recommended for clarity among members.

Understanding these forms and documents can simplify the process of starting and maintaining your business in Hawaii. Each one plays a vital role in ensuring your business runs smoothly and stays compliant with state laws.

Similar forms

The Hawaii T1 form is used for the registration of trade names, trademarks, and service marks. It shares similarities with several other important documents related to business registration and trademark protection. Below are six documents that are comparable to the Hawaii T1 form, along with explanations of their similarities:

  • Trademark Application Form: Like the T1 form, this document is used to register a trademark with the U.S. Patent and Trademark Office. Both forms require the applicant to provide information about the name or mark being registered and affirm their ownership or authority to use it.
  • DBA Registration Form (Doing Business As): This form allows a business to operate under a name different from its legal name. Similar to the T1 form, the DBA registration ensures that the business name is recognized and protects it from being used by others in the same jurisdiction.
  • Business License Application: This document is necessary for operating a business legally within a specific area. Both the business license application and the T1 form require detailed information about the business and its owners, ensuring compliance with local regulations.
  • Partnership Agreement: A partnership agreement outlines the terms of a partnership, including the trade name under which the partnership operates. Like the T1 form, it emphasizes the importance of the trade name and the rights of the partners in using that name.
  • LLC Formation Documents: When forming a Limited Liability Company (LLC), certain documents must be filed with the state. Similar to the T1 form, these documents require the designation of a business name and the identification of its owners, ensuring legal recognition and protection.
  • Service Mark Registration Form: This form is specifically for registering a service mark, which is similar to a trademark but pertains to services rather than goods. Both forms protect the name or mark from being used by others and require similar information about the applicant and the mark.

Dos and Don'ts

When filling out the Hawaii T1 form, it is important to approach the task with care and attention. Here is a list of things to consider, both what to do and what to avoid.

  • Do type or print the application in black ink to ensure clarity.
  • Do provide your full name and complete address, including city, state, and zip code.
  • Do indicate whether you are applying for a new registration or a renewal.
  • Do check the appropriate status of the applicant and provide any necessary explanations if you select "Other."
  • Do ensure that the application is signed by the correct individual, based on your business structure.
  • Do verify that the trade name you wish to register is not already in use by checking available resources.
  • Do include the appropriate filing fee of $50.00, as this fee is nonrefundable.
  • Do provide a clear description of the nature of your business associated with the trade name.
  • Do keep a copy of the completed application for your records.
  • Do contact the Business Registration Division if you have any questions or need assistance.
  • Don't use any ink color other than black, as this may lead to processing delays.
  • Don't forget to check for existing registrations that may conflict with your desired trade name.
  • Don't leave any sections of the application blank; all required fields must be filled out.
  • Don't attempt to register a trade name that is associated with a new corporation or partnership; this form is specifically for trade names.
  • Don't overlook the importance of signing the application; an unsigned application will not be processed.
  • Don't submit the application without the correct fee, as this will result in rejection.
  • Don't wait until the last minute to file a renewal; ensure it is submitted at least six months before expiration.
  • Don't ignore the requirement for legibility; unclear information can cause complications.
  • Don't forget to provide your contact information if you are filing on behalf of a business entity.
  • Don't hesitate to reach out for help if you are unsure about any part of the process.

Misconceptions

Understanding the Hawaii T1 form is crucial for anyone looking to register a trade name, trademark, or service mark. However, several misconceptions can lead to confusion. Here’s a breakdown of common misunderstandings:

  • Registration grants ownership of the trade name. Many believe that filing the T1 form gives them ownership of the trade name. In reality, registration does not confer ownership; it simply secures the right to use the name in Hawaii.
  • Only new businesses need to register. Some think that only new businesses require registration. Existing businesses must also renew their registrations every five years to maintain their rights.
  • All trade names are automatically approved. It’s a common belief that once the application is submitted, approval is guaranteed. The Business Registration Division reviews applications to ensure no identical or substantially similar names are registered.
  • The application can be submitted in any format. Some applicants assume they can submit the form in any format. The T1 form must be typewritten or printed in black ink to be accepted.
  • Filing fees are refundable. Many think that if their application is denied, they can get their filing fee back. However, the $50.00 filing fee is nonrefundable regardless of the application outcome.
  • Trade names can be used indefinitely. There’s a misconception that once registered, a trade name can be used indefinitely. If a trade name is not used for 365 consecutive days, it may be subject to revocation.
  • Anyone can file a registration on behalf of a business. Some believe that any individual can submit an application for a business. Only authorized individuals, such as officers or partners, can sign the application.
  • Expedited reviews guarantee faster registration. While an expedited review can speed up the process, it does not guarantee immediate approval. The review still requires thorough checks and balances.

Being aware of these misconceptions can help ensure a smoother registration process and protect your business interests in Hawaii.

Key takeaways

Here are key takeaways regarding the Hawaii T1 form for registering a trade name:

  • Filing Fees: The standard filing fee is $50. An expedited review option is available for an additional $20.
  • Application Type: Clearly indicate whether you are submitting a new registration or renewing an existing one.
  • Legibility: Complete the form using black ink, ensuring that all information is clearly legible.
  • Ownership Certification: The applicant must certify that they are the original owner or have been assigned the trade name.
  • Registration Duration: Once registered, the trade name is protected for five years and can be renewed for additional five-year terms.
  • Nonuse Policy: If the trade name is not used for 365 consecutive days, it may be subject to revocation.
  • Public Inspection: All business registration filings, including the T1 form, are open to public inspection.

These points can help streamline the registration process and ensure compliance with Hawaii's regulations.