How to name your LLC: rules and name availability checks

What are the basic LLC name rules?

• An LLC ending. Every state requires words or an abbreviation showing the company is an LLC. Delaware, for example, requires "Limited Liability Company", "L.L.C." or "LLC". Some states accept a few more forms, such as "Limited Company" or "LC".
• A distinguishable name. The name must differ from the names of other entities on the state's records.
• No restricted or misleading words. Words that suggest a regulated business or a government body are limited.
• No wrong entity type. An LLC's name cannot suggest it is a corporation, for example by using "Inc." or "Corp."

What does distinguishable mean?

That the state can tell the two names apart on its records. Small differences usually do not count: punctuation, capital letters, "the", "and" against an ampersand, singular against plural, or a different ending such as "LLC" against "Inc." So "Blue River LLC" is normally unavailable if "Blue River, Inc." exists. States apply the test with different levels of strictness.

Which words are restricted?

• Regulated industries: words such as "bank", "trust", "insurance" and "university" usually need approval from the regulator or proof of a license.
• Professions: titles such as "engineer" or "attorney" can require a professional license in some states.
• Government: names that imply a link to a federal or state agency, such as "Federal" or "Treasury", are generally refused.

How do you check and secure a name?

1. Search the state's records

   Use the free business name search on the Secretary of State's website.

2. Check close variations

   Try plurals, abbreviations and spellings that sound the same.

3. Search trademarks

   Look for the same or similar names in the USPTO trademark database.

4. Check the web address

   A matching domain name matters for most businesses.

5. File or reserve

   File the formation document, or reserve the name first if you are not ready.

Do you need a name reservation?

Usually not. A reservation holds a name for a limited period, often a few months, for a fee. Filing the formation document secures the name without one. A reservation is worth it only if you need time before filing and the name matters to you. See Articles of Organization explained.

Does registering the name protect it?

Only on that state's business register. Forming an LLC stops another entity registering the same name in that state. It gives no trademark rights: a business that already has trademark rights in the name can still object to your using it, and a company in another state can form under the same name. Brand names are protected through trademark law, including federal registration with the USPTO for the goods or services you sell.

What if you want to trade under a different name?

Register it as an assumed name. See what a DBA is. The same applies if your LLC expands into a state where its name is already taken: most states let it register there under an alternate name. See foreign LLC registration.

Can you change the name later?

Yes, by filing an amendment to the formation document and paying the state's fee. Wyoming, for example, charges $60 for an amendment. Then update the IRS, your bank, licenses and contracts. The EIN stays the same.

This guide is general information. It is not tax or legal advice for your situation.