When starting a limited liability company (LLC), choosing the right name is a crucial first step. Not only does your company name represent your brand, but it also needs to comply with state regulations and be distinct from existing businesses.
This is where an LLC name search comes into play. By conducting a thorough name search, you can ensure your desired company name is available and legally compliant, setting a strong foundation for your new business venture. In this guide, we’ve outlined the six steps you need to know to conduct an LLC name search and protect your chosen business name.
Recommended: Read our comprehensive guide on How to Start an LLC.
6 Steps for Conducting an LLC Name Search
Choosing a unique name for your LLC is crucial for establishing your business identity. By following these steps, you can ensure that your business name is distinguishable and your brand effectively protected.
- Follow Naming Guidelines
The first step is to ensure your LLC is following all naming guidelines in your state. Here are the most common naming guidelines to be aware of when selecting a name for your LLC.
Common LLC Name Requirements
Generally, your LLC name must include a designator such as “LLC” or “L.L.C.” to indicate that it is a limited liability company. Additionally, the name must be unique and distinguishable from other registered business names in the state.
Common LLC Name Restrictions
Certain words are restricted or prohibited in LLC names to avoid misleading the public. Words like “bank,” “insurance,” and “university” are often restricted because they imply a type of business that requires special licensing. Additionally, terms like “incorporated” or “corporation” are not allowed as they suggest a different business structure.
- Conduct a Business Entity Search
Next, you will need to conduct your LLC name search with the state and federal government. There are a few places that you will need to check before selecting a business name to ensure its availability.
State Business Entity Search Databases
Each state provides a business entity search database where you can check the availability of your desired LLC name. These databases are typically managed by the Secretary of State’s office.
- Complete a Federal Trademark Search
To ensure your LLC name does not infringe on existing trademarks, you will need to conduct a trademark search through the United States Patent and Trademark Office (USPTO) website. This can save your business from legal trouble down the road if your business name is already trademarked.
- Check Domain Name Availability
Determining the availability of the matching domain name for your LLC business name is the next crucial name in your LLC name search.
In today’s digital age, having a matching domain name for your LLC is crucial for brand consistency and online presence. A matching domain name helps in building brand recognition and makes it easier for customers to find you online.
With GoDaddy, you can quickly and easily determine the availability of your business name and secure the matching domain.
- Reserve Your LLC Name
Reserving your LLC name ensures that no other business can register it while you prepare your formation documents. Plus, it is a requirement in some states prior to the formation process.
The reservation period varies by state, typically ranging from 30 to 120 days. The process usually involves filing a name reservation form and paying a fee, which can range from $10 to $50 depending on the state.
- Register Your Trademark
Trademarking your LLC name provides legal protection and helps establish your brand identity. It prevents other businesses from using a similar name, which can cause confusion among customers, protecting your business’s brand. Plus, a registered trademark adds value to your business and can be a significant asset if you decide to sell or expand.
How to File for a Trademark
To file for a trademark, you need to submit an application to the USPTO online. The application process involves selecting a registrable mark, identifying the mark format, and conducting a search to ensure it is not already in use. Once the application is submitted, it goes through a review process, which can take several months.
FAQs
How do I check if my chosen LLC name already exists?
To check if your chosen LLC name already exists:
- Visit your state’s Secretary of State website and use their business name search tool.
- Perform a general internet search to see if the name is being used by any other business.
- Check if the domain name is available for your business website.
Can I reserve an LLC name before forming my LLC?
Yes, you can reserve an LLC name before forming your LLC. In fact, this may be a requirement in your state before forming your LLC.
What are common naming mistakes to avoid?
When naming your LLC, there are several common naming mistakes to avoid, such as:
- Using restricted words like “Incorporated” or “Corporation” if you are not forming a corporation.
- Overly creative spellings that can confuse customers and make it hard to find your business online.
- Choosing a name that infringes on existing trademarks.
- Ignoring state-specific naming rules and restrictions.
Is it essential to have a matching domain name?
While not essential, having a matching domain name is highly recommended. A matching domain name ensures brand consistency, protects your business brand, and makes your business look more credible to potential customers.
What happens if my LLC name infringes on a trademark?
If your LLC name infringes on a trademark, you could face legal action such as a cease-and-desist letter from the trademark owner, a court may issue an injunction to stop you from using the infringing name, or you could be held liable for monetary damages. It is important to always do a trademark search before selecting your business name.
