Your NAICS Code

NAICS stands for North American Industry Classification System. It’s the code the government uses to classify your type of business. You’ll need it on state registration forms, some local license applications, and any government program applications.

For most home bakers: 311811 — Retail Bakeries

If your focus is wholesale or catering rather than direct-to-consumer retail, you might use 311812 (Commercial Bakeries), but 311811 is correct for the vast majority of cottage food bakers.

Write this number in Tab 4 of your binder now. You will be asked for it.

Business Name: The Three-Layer Search

Before you print a single label or buy a domain, confirm your business name is clear. A three-layer check protects you from having to rebrand after you’ve built recognition.

Layer 1: Your State’s Business Name Database

Every state maintains a public database of registered business names. Search your state’s Secretary of State website. Search your exact business name and any close variations. If someone else has already registered that name as an LLC in your state, you typically cannot use it for your LLC.

Layer 2: Your County’s DBA Records

Even if a name is clear at the state level, a sole proprietor in your county may have registered the same name as a DBA (trade name). County clerk websites have searchable DBA records, or you can call the county clerk’s office directly.

Layer 3: USPTO Trademark Search

Go to tmsearch.uspto.gov and search your business name. This is the federal trademark database. A registered trademark gives the holder the right to stop you from using that name nationally. This is the layer most bakers skip — and it’s the one that creates the biggest problems.

You don’t need to file a trademark right now. Just confirm no one else already owns yours.

How to Handle a Name Conflict

• If your exact name is taken at the state level: modify it. Add your city, a descriptor, or a different word. “Marcia’s Bakery” → “Marcia’s Bakehouse NJ”
• If there’s a federal trademark match: consult a trademark attorney before proceeding. Using a trademarked name — even unknowingly — can result in a cease-and-desist.
• If your name is clear on all three layers: you’re good. Document your search results and keep them in Tab 4.