Your business name must not conflict with any existing names registered with the state’s business entity filing office. Additionally, it must comply with specific rules regarding required or prohibited words or phrases. If you’re wondering how to come up with a business name, start by ensuring it meets all legal requirements and stands out from competitors.
If you’ve already established your LLC or corporation but plan to expand into another state, you’ll need to adhere to that state’s naming requirements when qualifying to do business there. Beyond your official business name, you may also use other identifiers, such as DBAs (doing business as), fictitious names, or domain names, all of which can play a role in your naming strategy. Choosing the right LLC names is crucial to ensuring compliance and building a strong brand presence. Here are twelve key considerations to keep in mind when selecting or changing your business name.
1. Your business requires a legal name for formation documents
When forming an LLC or corporation, the legal name you choose becomes the official name registered with the state. This name will appear on your formation documents, such as the Articles of Incorporation or Certificate of Organization. It’s essential that the chosen name complies with your state’s specific naming requirements for business entities like LLCs and corporations. If you’re wondering how to name a business, consider researching state guidelines, ensuring the name is unique, and reflecting your brand values.
2. One legal name, multiple assumed names
Your business is allowed only one legal name at a time, but you can operate under multiple assumed names, also known as DBAs (“doing business as”). This means you’re free to use additional business names for branding or specific ventures without changing your legal business name.
For example, if your LLC’s legal name is “Smith and Jones, LLC,” you could register a DBA to operate as “Best Painters” and another to trade as “World Wide Painters.” These DBAs can be used across your website, advertisements, signage, promotions, and more, giving your business greater flexibility and reach while maintaining its legal identity. Before registering a DBA, it’s essential to check business name availability USA to ensure the name you want is unique and not already in use.
3. Your legal business name must be unique
When forming an LLC or corporation, your legal business name must be distinct from any other entity names registered with the state filing office. If your name is too similar to an existing one, the state may reject your filing. This makes understanding how to choose a business name critical to avoid any issues.
This rule also applies in some states when registering an assumed or “doing business as” (DBA) name. However, certain states allow multiple companies to use the same assumed name, meaning uniqueness may not always be required for DBA filings.
CT tip: Each state has its own criteria for determining whether a business name is sufficiently unique and acceptable for registration. Be sure to check the specific requirements in your state to avoid delays.
4. Include the required words in your legal business name
When learning how to name your business, it’s important to understand state requirements for LLCs or corporations.
- Corporations: Your corporation’s name must typically include terms like Corporation, Incorporated, Company, or Limited, or their abbreviations, such as Corp., Inc., Co., or Ltd.
- Limited liability companies (LLCs): For LLCs, the name should usually include phrases like Limited Liability Company or Limited Company, or abbreviations such as L.L.C., LLC, L.C., LC, or Ltd. Liability Co.
5. Avoid prohibited or restricted words
States often prohibit certain words in business names to prevent misuse or public deception. Using a tool like name my business can help you navigate these restrictions and choose a compliant LLC name. Some words may require special approval, such as “Insurance,” which typically demands authorization from the state’s Insurance Department. Additionally, an LLC name cannot falsely imply a different business structure. For instance, an LLC cannot include “Corporation” in its name.
6. Comply with laws in other states
If your LLC or corporation operates in states beyond its state of formation, you must ensure compliance with the naming laws of these additional states (referred to as foreign qualification) and use your business legal name accordingly. Most states require foreign LLCs or corporations to follow the same naming rules as their domestic businesses. If you plan to operate under an assumed or DBA (Doing Business As) name in another state, you’ll also need to register it there alongside your business legal name.
7. Use a fictitious name if necessary
If your legal business name or entity name is unavailable in a state where you plan to operate, you may need to adopt a fictitious or alternate name. This new name must be included in the application for authority submitted to that state.
8. Choose a memorable name
A company’s name for business is one of its most valuable assets. It builds recognition, helps customers find you, and conveys what your business is about.
Avoid overly obscure names that confuse customers. This often happens when business owners prioritize securing a unique web domain by intentionally misspelling or awkwardly constructing their name for business.
Instead, choose a name relevant to your industry or business. For instance, an internet-based company might incorporate its web domain name into its legal identity, like Logino.
While your business name doesn’t need to be overly descriptive—that’s what taglines or slogans are for—it should still be distinctive, catchy, and evocative. Aim for a name that reflects the essence of your business and stands out in a crowded marketplace.
9. Conduct a trademark search
Just because a name is available with the state filing office doesn’t mean it isn’t already trademarked by another company. When coming up with a business name, it’s important to remember that state offices don’t check federal, state, or common law trademark databases—they only review their own entity records.
To avoid costly trademark infringement penalties, conduct a thorough trademark search. This includes checking federal and state trademark records, as well as common law trademarks. Be sure to review all names you plan to use, including assumed, fictitious, or domain names.
The U.S. Patent and Trademark Office offers helpful guidelines on how to perform a comprehensive trademark search.
10. Perform a name check with the state
Before filing your LLC or corporation documents, conduct a name check with the state filing office to confirm your desired name is available.
A name check ensures your documents won’t be rejected due to a name conflict. However, be aware that a name check only confirms availability at the time of the search. It does not reserve the name for future use.
If there’s a delay in submitting your formation documents, consider reserving the name to secure it until you’re ready to file.