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Overview

The Hawaii T1 form serves as a vital tool for individuals and businesses looking to register a trade name, trademark, or service mark within the state. This application process is governed by Chapter 482 of the Hawaii Revised Statutes, ensuring that applicants can secure their trade names for a term of five years, with the option for renewal. The form requires essential information such as the applicant's name, address, and the nature of the business associated with the trade name. It is crucial for applicants to indicate whether they are the original creator of the trade name or an assignee. The registration process involves a filing fee of $50, with an additional $20 for expedited review, both of which are nonrefundable. Before submitting the application, individuals should verify that their desired trade name is not already registered by checking various resources, including a computerized list maintained by the Department of Commerce and Consumer Affairs. This proactive step helps prevent potential conflicts and ensures a smoother registration process. Additionally, it’s important to note that failure to use the registered trade name for 365 consecutive days can lead to revocation of the registration, emphasizing the need for active use of the name. Overall, the T1 form is an essential step for those looking to establish and protect their business identity in Hawaii.

Document Preview Example

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: breg@dcca.hawaii.gov

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).

How to Fill Out Hawaii T1

Filling out the Hawaii T1 form is a crucial step in registering your trade name. Completing this form accurately ensures that your application is processed smoothly and efficiently. To get started, follow these steps carefully.

  1. Applicant’s Name: Write the full name of the applicant.
  2. Applicant’s Address: Include the complete address, including city, state, and zip code.
  3. Registration Type: Check the appropriate box to indicate if this is a new registration or a renewal.
  4. Status of Applicant: Select the status of the applicant by checking one box (e.g., Sole Proprietor, Corporation, etc.). If you select "Other," provide an explanation.
  5. State or Country of Incorporation: If applicable, list the state or country where the applicant is incorporated, formed, or organized.
  6. Trade Name: Clearly state the complete trade name you wish to register.
  7. Applicant Type: Indicate whether you are the originator of the trade name or an assignee.
  8. Nature of Business: Describe the nature of the business for which the trade name will be used.
  9. Certification: Check the appropriate box to certify your authority to sign the application. Include your printed name, signature, and date.

Once you've completed the form, ensure that you submit it along with the appropriate filing fee of $50. If you need expedited review, include an additional $20. Remember, the filing fee is nonrefundable. After submission, the Business Registration Division will process your application and inform you of the next steps.

Common mistakes

Filling out the Hawaii T1 form can be straightforward, but common mistakes can lead to delays or complications in the registration process. One frequent error occurs when applicants fail to provide complete and accurate information in the applicant's name and address section. It is essential to include the full name, city, state, and zip code. Incomplete addresses can result in communication issues, potentially causing the application to be returned or delayed.

Another common mistake is related to the registration type. Applicants sometimes check the wrong box when indicating whether the registration is a new application or a renewal. If the registration is a renewal, it is crucial to submit the application before the expiration date of the current registration. Failing to do so may lead to the loss of the trade name.

Additionally, applicants may overlook the requirement to specify their status accurately. In line three, the form asks for the status of the applicant, such as sole proprietor, corporation, or partnership. Selecting "Other" without providing an explanation can create confusion. This lack of clarity may result in further inquiries from the registration office, delaying the processing of the application.

Another issue arises when applicants do not check the appropriate box to indicate whether they are the originator of the trade name or an assignee. This distinction is important for the registration process. If the applicant is an assignee, they must ensure that they have the proper documentation to support this claim, as it may be required for verification.

Lastly, many applicants forget to sign the form in black ink. The signature is a critical component of the application, confirming that the information provided is true and correct. If the application lacks a signature, it will not be processed, leading to further delays. Ensuring that all sections are filled out correctly and completely can help applicants avoid these common pitfalls and facilitate a smoother registration experience.

Documents used along the form

The Hawaii T1 form is essential for registering a trade name, trademark, or service mark in the state. Along with this form, several other documents may be required to ensure compliance with state regulations. Below is a list of commonly used forms and documents that accompany the Hawaii T1 form.

  • Certificate of Good Standing: This document verifies that a business entity is legally registered and compliant with state regulations. It is often required for entities applying for a trade name to prove their legitimacy.
  • RV Bill of Sale Form: Essential for transferring ownership of recreational vehicles in Texas, this form is vital for both buyers and sellers. For further information, visit Texas Documents.
  • Business Registration Application: This form is necessary for new businesses seeking to register with the state. It provides essential information about the business structure and ownership.
  • Partnership Agreement: If the trade name is being registered under a partnership, this document outlines the terms and conditions agreed upon by the partners. It establishes the roles and responsibilities of each partner.
  • Operating Agreement: For limited liability companies (LLCs), this document details the management structure and operational procedures of the business. It is crucial for clarifying how decisions are made and profits are distributed.

These documents, along with the Hawaii T1 form, help ensure that the trade name registration process is thorough and compliant with state laws. Proper documentation supports the legitimacy of the business and protects its interests.

Obtain Answers on Hawaii T1

  1. What is the Hawaii T1 form used for?

    The Hawaii T1 form is used to register a trade name, trademark, or service mark in the state of Hawaii. This registration helps secure the use of the trade name for a term of five years. It is important to note that registering a trade name does not grant ownership of that name.

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

    The filing fee for the T1 form is $50.00. If you need expedited review, there is an additional fee of $20.00. Please remember that the filing fee is nonrefundable. Payments can be made by cash, check, or credit card, and checks should be made payable to the Department of Commerce and Consumer Affairs.

  3. How long does the registration last?

    The registration of a trade name is valid for five years from the date of filing. After this period, you can renew the registration for additional five-year terms. To renew, you must submit a new application along with 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 after registration, it may be subject to revocation. A person who wishes to revoke the trade name must file a verified petition with the Director of Commerce and Consumer Affairs, providing evidence of the nonuse.

  5. How can I check if my desired trade name is available?

    Before filing the T1 form, it is recommended to check the computerized list of registered names to ensure that there is no existing registration that is substantially identical to the name you wish to register. You can also check local telephone directories and the Department of Taxation for additional verification.

Document Attributes

Fact Name Details
Governing Law The T1 form is governed by Chapter 482 of the Hawaii Revised Statutes.
Filing Fees The standard filing fee for a Trade Name registration is $50. An expedited review incurs an additional fee of $20.
Registration Term Once registered, a trade name is valid for five years. Renewals are also for five-year terms.
Nonuse Policy If a 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 under Section 92F-11, HRS.

Misconceptions

Understanding the Hawaii T1 form is essential for anyone looking to register a trade name in the state. However, several misconceptions can lead to confusion. Here are five common misunderstandings about the Hawaii T1 form:

  • Registration grants ownership of the trade name. Many believe that filing the T1 form automatically grants them ownership of the trade name. In reality, registration does not equate to ownership. Ownership is established through the actual use of the trade name in commerce.
  • Renewals can be filed anytime. Some applicants think they can renew their trade name registration at any time. However, renewals must be submitted within six months prior to the expiration of the current registration. Late renewals may result in loss of the trade name.
  • The application process is simple and quick. While the form may seem straightforward, the process involves several steps, including checking for existing registrations. Applicants must ensure that their desired trade name is not substantially identical to any already registered names, which can complicate the process.
  • Any name can be registered as a trade name. It is a common misconception that any name can be registered. The chosen name must not be misleading or violate existing trademarks. Additionally, the name must be distinguishable from other registered names in Hawaii.
  • Once registered, the trade name is protected indefinitely. Some individuals assume that registering a trade name provides perpetual protection. In fact, if the trade name is not used for 365 consecutive days, it may be subject to revocation. Regular use is essential to maintain the registration.

By addressing these misconceptions, individuals can better navigate the registration process and ensure compliance with Hawaii's regulations regarding trade names.

Key takeaways

  • Understand the Purpose: The Hawaii T1 form is used to register a trade name, trademark, or service mark in Hawaii. It does not grant ownership of the trade name.
  • Filing Fees: The standard filing fee is $50. An expedited review costs an additional $20. Remember, these fees are nonrefundable.
  • Legibility Matters: Fill out the form using black ink, ensuring all information is legible. Typed applications are preferred.
  • Check Existing Registrations: Before filing, verify that your desired trade name isn’t already registered. Use the computerized list of registered names.
  • Renewal Process: Registrations last for five years. To renew, submit an application and the $50 fee within six months of the expiration date.
  • Usage Requirement: If the trade name is not used for 365 consecutive days, it may be revoked. A verified petition is needed to initiate revocation.
  • Signature Requirements: The application must be signed by the applicant or an authorized representative. Ensure the signature is in black ink.