Homepage Hawaii T1 PDF Form

Frequently Asked Questions

  1. What is the Hawaii T1 form?

    The Hawaii T1 form is an application used for the registration of trade names, trademarks, or service marks in the state of Hawaii. This form is essential for businesses looking to secure a unique name for their operations, ensuring that no other entity can register the same name within the state.

  2. What are the fees associated with 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. Payments can be made via cash, check, or credit card. If you choose to pay by check, make it payable to the Department of Commerce and Consumer Affairs. Please note that a dishonored check incurs a fee of $25.00.

  3. How long is the registration valid?

    The registration of a trade name is valid for five years from the date of filing. After this period, you can renew your registration for additional five-year terms. To do this, you must submit a renewal application along with the $50.00 renewal fee within six months prior to the expiration date.

  4. What happens if I do not use my registered trade name?

    If your trade name is not used for a consecutive period of 365 days, it may be subject to revocation. Any individual wishing to initiate revocation must file a verified petition with the Director of Commerce and Consumer Affairs, detailing the nonuse of the trade name.

  5. Can I cancel a trade name registration?

    Yes, if you believe you have ownership of a trade name that has been registered to someone else, you can file a verified petition for cancellation. The petition must include facts supporting your claim. A hearing will be conducted, allowing both parties to present their cases before a decision is made.

  6. What information is required to complete the T1 form?

    To complete the T1 form, you will need to provide the following information:

    • Your full name and address.
    • Whether the registration is new or a renewal.
    • Your status as an applicant (e.g., sole proprietor, corporation, partnership).
    • The state or country of incorporation, if applicable.
    • The complete trade name you wish to register.
    • Whether you are the originator of the name or an assignee.
    • The nature of the business associated with the trade name.
  7. How do I check if my desired trade name is available?

    Before filing your application, it is advisable to check the computerized list of registered names to ensure that there is no existing registration that is substantially identical to your desired trade name. You can also check local telephone directories and the Department of Taxation for additional verification.

  8. Who can sign the T1 form?

    The T1 form must be signed by the applicant. If the applicant is a corporation, an authorized officer must sign. For partnerships, a general partner should sign, while for LLCs, a manager or member must provide their signature. For LLPs, a partner is required to sign.

Steps to Writing Hawaii T1

Filling out the Hawaii T1 form is a straightforward process, but it requires attention to detail. After completing the form, you will submit it along with the appropriate fees to the Department of Commerce and Consumer Affairs. Make sure to double-check your entries for accuracy to avoid any delays in processing.

  1. Applicant’s Name: Write the full name of the applicant.
  2. Applicant’s Address: Provide the complete address, including city, state, and zip code.
  3. Registration Type: Check the box indicating whether this is a new registration or a renewal.
  4. Status of Applicant: Select one option that describes the status of the applicant (e.g., Sole Proprietor, Corporation, etc.). If you check "Other," explain the type of entity.
  5. State or Country of Incorporation: If the applicant is an entity, list where it was incorporated or formed.
  6. Trade Name: Enter the complete trade name you wish to register.
  7. Applicant Type: Indicate whether the applicant is the originator of the 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 role in the application. Sign and date the form.

Once you have completed the form, ensure you include the filing fee of $50.00, or $70.00 for expedited review. Submit the application to the Business Registration Division, and keep a copy for your records.

Misconceptions

Understanding the Hawaii T1 form is crucial 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 about the T1 form:

  • Registration Guarantees Ownership: Many believe that filing the T1 form grants ownership of the trade name. In reality, registration does not confer ownership; it merely secures the use of the name for a specified period.
  • Only New Registrations Are Allowed: Some think that the T1 form can only be used for new registrations. However, it is also applicable for renewing existing registrations, as long as it is done within the required timeframe.
  • All Fees Are Refundable: A common misconception is that filing fees can be refunded if the application is rejected. Unfortunately, the $50 filing fee is nonrefundable, regardless of the outcome.
  • Trade Name Registration Is Automatic: People often assume that once the application is submitted, the trade name is automatically registered. In fact, the Business Registration Division conducts a search to ensure no identical or substantially similar names are already registered.
  • Any Name Can Be Registered: Some individuals believe they can register any name they choose. However, the name must not be identical or substantially similar to existing registered names, and it must comply with state regulations.
  • Revocation Is Uncommon: There is a belief that once a trade name is registered, it cannot be revoked. On the contrary, if the trade name is not used for 365 consecutive days, it may be subject to revocation.
  • Filing Can Be Done at Any Time: Many think they can file the T1 form whenever they wish. In reality, renewals must be submitted within six months prior to the expiration of the current registration to avoid lapsing.

Being aware of these misconceptions can help applicants navigate the registration process more effectively. Proper understanding ensures compliance with state regulations and protects business interests.