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: firstname.lastname@example.org
To complete this, and/or other Hawaii business registrations online, visit Hawaii Business Express at hbe.ehawaii.gov.