How to Name Your Company
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Selecting a business name can be a challenging task, especially if you are incorporating your company. To ensure that you are in compliance with the necessary guidelines, it is important to have a clear understanding of how to choose an appropriate business name.
If you have a name in mind, we are happy to offer a free name check to verify its availability. This can help you to avoid any potential legal issues and ensure that you have a unique and memorable name for your business.
General Company Naming Guidelines
Selecting an appropriate business name is an important decision that can have a significant impact on the success of your company. A well-chosen name can help to establish your brand, increase customer recognition, and make a positive impression on potential clients. A short, descriptive, and unique name can help to convey confidence and define your business, while also making it more memorable and effective in promoting your products or services. Overall, an effective business name is a vital component of your brand and marketing efforts, and it’s worth taking the time to carefully consider and choose a name that aligns with your business goals and values.
In the United States, a Limited Liability Company (LLC) or corporation can be named by selecting a unique name and ensuring that it is available for use. Here are some general guidelines to follow when naming a LLC or corporation:
- Choose a unique name: The name of your LLC or corporation should be unique and not confusingly similar to the name of any other business entity registered with the state. You can search the state’s business name database to check for availability.
- Use proper designators: The name of your LLC or corporation must include a proper designator (suffix), such as “LLC,” “L.L.C.,” “Limited Liability Company”, “Corporation,” “Inc.” or “Incorporated.”
- Avoid prohibited words: Some states have restrictions on the use of certain words in business names, such as “bank,” “insurance,” and “university.” You should check the rules of your state to make sure that your proposed name does not include any prohibited words.
- Obtain necessary approvals: In some cases, you may need to obtain approval or a license to use certain words in your business name. For example, if you want to include the word “engineer” in your business name, you may need to be licensed as an engineer in your state.
- Consider trademark issues: You should also consider whether your proposed business name might infringe on any existing trademarks. It is a good idea to conduct a trademark search to make sure that your proposed name does not conflict with any existing trademarks.
- Follow state filing requirements: Finally, you will need to follow the filing requirements of your state to officially register your LLC or corporation. This typically involves filing articles of organization or incorporation with the state and paying any required fees.
Tips for Choosing a Business Name
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It is important to note, however, that different states may have different requirements for the use of designators (suffixes) in business names, so it is always a good idea to confirm the rules of your specific state. This can help to ensure that you choose a compliant and effective business name for your company.
If you have a name in mind, we are happy to offer a free name check to verify its availability. This can help you to avoid any potential legal issues and ensure that you have a unique and memorable name for your business.
Delaware Naming Guidelines
The guidelines for naming LLCs and corporations outlined in the “General Company Naming Guidelines” above generally apply across all states. However, each state may have its own specific regulations. When naming your company in Delaware, it is essential to take into account both the “General Company Naming Guidelines” and the following state-specific rules.
All DE Registered LLCs and Corporations Must Have a Unique and Distinguishable Name
The name you have selected for your LLC or Corporation must be unique and cannot be used by any other registered business within the state of Delaware.
Your Delaware LLC’s or corporation’s name must not only be unique, but it must also not be similar to any other corporation or LLC name in Delaware. Simply changing a letter or adding a word to another business’s name does not make it sufficiently different.
In order to claim that your corporation’s name is different from another business, you cannot rely on the following factors:
- Adding designators (suffixes) such as “Corporation,” “Company,” “Incorporated,” “Incorporation,” “Limited,” “Corp.,” “Co.,” “Inc.,” “Ltd.,” “LLC,” etc.
- Using definite articles like “A,” “And,” “An,” “&,” “The,” etc.
- Using abbreviations, punctuation, symbols, fonts, or typefaces.
For example, you can’t claim that XYZ Global Co., XYZ Global Corporation, XYZ Global Incorporated, XYZ Global Corp., or XYZ Global LLC are different from one another.
Different Naming Rule in Delaware for Plural and Singular Forms
In most states, including Wyoming, if the only difference between a proposed business name and an existing one is the use of singular or plural forms, the proposed name is not considered distinct and cannot be used. This is known as the “deceptively similar” rule. For example, if a company called “XYZ Technology LLC” already exists, you cannot name your LLC “XYZ Technologies LLC” because the names are too similar.
However, Delaware uses a different rule known as “Distinguishable upon records” which allows the use of singular and plural forms of a name as long as they are distinguishable. For example, if “XYZ Technology LLC” already exists, you can name your Delaware LLC “XYZ Technologies LLC”.
However, it is still recommended to come up with a unique name to avoid confusion among the public and customers.
Delaware Division of Corporations’ “Disclaimer for Corporate Name Reservations“
To obtain the most current information, please refer to the Delaware Division of Corporations’ Disclaimer for Corporate Name Reservations.
Delaware Division of Corporations Business Entity Search
To ensure your Delaware LLC or corporation has a unique name, you can either reach out to us at Triple B Business or check the Delaware Division of Corporations website using their business search tool.
To confirm that the name you have chosen for your business is not already in use by another DE LLC or corporation, you should check the Delaware Division of Corporations website by searching for corporations by name and other details. If the name is already taken, you will have to select a different one.
Wyoming Naming Guidelines
The guidelines for naming LLCs and corporations outlined in the “General Company Naming Guidelines” above generally apply across all states. However, each state may have its own specific regulations. When naming your company in Wyoming, it is essential to take into account both the “General Company Naming Guidelines” and the following state-specific rules.
When naming your LLC or corporation in Wyoming, names that begin with the letter “A” followed by a space or punctuation (e.g., “A Red Wagon LLC”) and names that contain special characters such as marks or symbols will require additional verification from the Wyoming Secretary of State. These types of names must be submitted on paper forms and mailed to the State. If you need to register your LLC or corporation quickly, it’s best to avoid these types of names.
All WY Registered LLCs and Corporations Must Have a Unique and Distinguishable Name
The name you have selected for your LLC or Corporation must be unique and cannot be used by any other registered business within the state of Wyoming.
Your Wyoming LLC’s or corporation’s name must not only be unique, but it must also not be similar to any other corporation or LLC name in Delaware. Simply changing a letter or adding a word to another business’s name does not make it sufficiently different.
In order to claim that your corporation’s name is different from another business, you cannot rely on the following factors:
- Adding designators (suffixes) such as “Corporation,” “Company,” “Incorporated,” “Incorporation,” “Limited,” “Corp.,” “Co.,” “Inc.,” “Ltd.,” “LLC,” etc.
- Using definite articles like “A,” “And,” “An,” “&,” “The,” etc.
- Changing the singular, plural, or possessive forms of a word
- Using abbreviations, punctuation, symbols, fonts, or typefaces.
Wyoming Business Center’s “How To Choose A Company Name“
To obtain the most current information, please refer to the Secretary of State of Wyoming Business Center’s “How To Choose A Company Name” (PDF format).
Wyoming Business Center’s Business Entity Search
To ensure your Wyoming corporation has a unique name, you can either reach out to us at Triple B Business or check the Wyoming Secretary of State’s Business Center website using their business search tool.
To confirm that the name you have chosen for your business is not already in use by another WY LLC or corporation, you should check the Wyoming Business Center website by searching for corporations by name and other details. If the name is already taken, you will have to select a different one.
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How Triple B Business can help in starting your new company?
The fastest, easiest way to start your new company? Hire us and get everything you need: registered agent service, privacy, free mail forwarding, and the guidance of local experts.
We currently offer Business Formation Services only in the States of Wyoming and Delaware because these two great states offer multitude of advantages to new small business owners.
Here’s how you can start the process with Triple B Business today in 3 easy steps:
Tell Us Your Business Name
If you have already decided your new business name then simply enter it on our form. We will perform a free name search for you with the state.
Answer A Few Questions.
Answer a few questions and enter the required information on our business formation form. If we have any questions then we will get back to you.
We Will File Your Paperwork
We will complete your paperwork and be off to the races filing your new company with the state.