State Of Delaware Entity Search – So you have decided to incorporate your limited liability company in Delaware. What is the next step? The next step is to give your US LLC a name that complies with Delaware business naming regulations.
Not understanding the rules can lead to loss, especially if you are trying to create a name that will be rejected or that violates an existing trademark. And no one has the luxury of writing, or being sued.
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This guide walks you through the steps of naming a Delaware LLC and provides important information about naming your Delaware LLC, including some nuances and tricks not covered elsewhere on the Internet.
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Note: If you want to register your LLC in Wyoming or Florida, do not read this article and instead read here
The following are general guidelines to consider when naming your Delaware LLC. In general, these state name requirements apply to all LLCs, regardless of their state. These naming conventions must be considered as they will affect your US LLC name.
Delaware state law has certain naming conventions and restrictions for naming your US LLC in addition to the general rules above.
Your LLC name should not be identical to the names of corporations in the Delaware Division of Corporations database.
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It is best to have 4-5 good names in mind for your new business, because there are a million businesses in Delaware and it can sometimes be difficult to find a good name that still exists.
As you can see, you are spoiled for choice, but we generally recommend the first three at the top of the list, namely “Limited Liability Company”, “L.L.C” and “LLC”.
The name may have foreign language terms, but you must provide a translation in English at the time of registration.
The Delaware Division of Corporations announced a new regulation (23 DE Reg. 323) on corporate names in the October 2019 Delaware Registration of Procedures. It is important that you consider this new process when naming your Delaware LLC.
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Under the laws of most states, you cannot name your business the same as another if the only difference in the name is singular or plural.
For example, if there is a company called “Hindsight Technology LLC,” you cannot name your LLC “Hindsight Technologies LLC.” In the eyes of the authorities, this does not make a difference because these names are very similar and one and the same means little difference in many states. This is called the “trickle-down” rule.
In Delaware, however, the state uses a different law known as “Distinguished on records”. Simply changing the word from singular to plural or vice versa is enough to make the name different.
For example, if there is a company named “Perfect Life LLC”, you can name your Delaware LLC “Perfect Lives LLC”. Although you can do this, we recommend that you come up with a unique name so as not to confuse your citizens and customers.
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So you have a name in mind for your LLC. It’s good! Another thing you need to do is to check if the name exists.
To check if your LLC name is available, you can register it at or you can visit this business name search of the Delaware Division of Companies website
If your name is available, you can save online for 120 days if you want. You can also fax or submit a registration form to the Delaware Department of Corporations. The fee for registering an LLC name is $75.
Name reservations are not necessary to establish a US company, but they will ensure that the name you choose will be available for 120 days after you submit your application.
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Another name search tool is available on the Delaware Division of Corporations website, which allows you to search for all corporations registered in the state of Delaware.
What if another company with a similar name already exists in another state? Even if it is possible to register the name in Delaware, it may be a bad decision to use it.
It is highly discouraged to choose names that are similar to those of well-known companies. Apple, Tesla, and Ford are very protective of their brand names and trademarks. You risk incurring their wrath if you register a name in Delaware that is too similar to a name they already have trademarked.
If you want to use a specific business name, do a Google search and see what you can find. Check to see if anyone else has used this name or one similar to it and see if you can find it.
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This is because the trademark is registered at the federal level and is valid in all countries. You must be careful not to infringe on another company’s trademark or service mark when naming your Delaware LLC, especially if the name in question is not registered as a business name in Delaware.
Your US LLC name is a legal name that is properly registered with the state of Delaware, and you now know that you must register the name with the Delaware Division of Corporations and that no other business in Delaware can use your name. As long as your name is different from another business name in Delaware, your name will be recognized.
On the other hand, a trademark is not a name per se, but a property. A trademark is a word, phrase, symbol, design, or combination thereof that identifies and distinguishes your company’s trademarks, goods, or services from those of another company. The main purpose of a trademark is to avoid consumer confusion by ensuring that two similar businesses do not use the same name or logo.
You protect your business name or brand by filing a trademark application with the US Patent and Trademark Office (USPTO). If your trademark registration is approved, you can legally protect your business name or brand name in select categories throughout the United States. You can also apply for a trademark registration at the state level, but most people usually apply for them at the federal level.
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Do a quick search of the United States trademark database at the website of the United States Patent and Trademark Office if you want to make sure you are not infringing on another company’s trademark with the trade name of we decide.
Well, yes, and no. Registering a trademark is important for a serious business, but if you are just starting out, we would advise you to register your US LLC only and start trading immediately. Trademark approval can take up to a year, and you must first use your brand name publicly before filing a trademark application with the USPTO. Also, registering a trademark is not within the purview of the Secretary of State, and your Delaware Registration Agent cannot help you with this application, anyway.
Besides registering an LLC in the United States, we can also help you with your US trademark application.
Sometimes companies may want to do business under a name other than their official company name. In this case, many companies plan to operate under a “Doing Business As” (DBA) or “fictitious name” instead of changing their legal name, which may involve more administrative work.
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You can operate under a DBA or fictitious name after you register your LLC for many reasons. For example, if you feel that your US LLC name is difficult for customers to remember, or that another name better describes your products or services. The DBA also allows you to use a new name for a brand or business launched by a US LLC without having to change your LLC name again.
Regardless of the reason, applying for a DBA or fictitious name is usually a simple process that requires checking with existing organizations to ensure that the desired DBA or fictitious name has not already been used, comparing the application with the government agency. appropriate, and pay a small filing fee.
In Delaware, there is no DBA registration at the state level. Therefore, you will need to register your DBA LLC name reservation in the jurisdiction where you do business. The three counties in Delaware are New Castle County, Keny County, and Sussex County.
The registration fee for the DBA application is $25. You complete the Registration of Business, Business and Name Certificate form and submit it to the Prothonotary Office in your area. The DBA application form for all three Delaware counties is identical.
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Before submitting the DBA application, you must complete a name check on the Delaware Division of Corporations website just like you did when you registered your LLC.
To learn more about DBA and Business Names, we wrote a detailed guide on how to use DBA and why you need it
We’re glad you’ve made it this far, but this is just the beginning of your journey to building your online empire with a US LLC. If you have any questions about registering a US company, please follow the rest of this guide or contact us at hello@.
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