If you have chosen a name for your Delaware LLC, it is imperative that it is available. One effective method of doing this is through the Delaware Office of Corporations (“DOC”) “Name Availability Search” tool.
Search engines such as Google may show names as unavailable even after they become available; therefore, this tool provides the only accurate method to check Delaware LLC name availability.
Trademark Search
Selecting your company name is one of the first and most essential steps when starting a new business. Make sure that it complies with Delaware naming rules, and does not interfere with another firm’s trademark.
The Division of Corporations Business Entity Database allows you to search for business entities registered with Delaware state. This includes any limited partnership, corporation, or limited liability company registered within its limits.
If your proposed company name does not conflict with any trademark and is available, filing an application with the Division of Corporations to reserve it will allow you to do so and prevent other entities from using it for 120 days. Unlike most states, Delaware does not mandate that DBA (doing business as) registration be done prior to reserving your company name; nonetheless it may be beneficial in order to prevent issues in the future.
Domain Name Search
Domain names serve as the web addresses of your company’s websites, so before taking further steps towards incorporation make sure the desired URL for your desired business website exists and is still available.
As well as researching whether your desired domain name is available, you must also verify if it is already being used by another entity registered with your state Department of State or as a DBA (Doing Business As). Your business name must be distinguishable from any others registered in your state Department of State and cannot include restricted words like “bank,” unless your business is indeed banking; similarly it cannot contain “Inc./Corp./LLC,” their respective acronyms or approved abbreviations(s).
Once you’ve selected a name that meets the above requirements, it may be possible to reserve it using the Division of Corporations’ online name reservation tool – name reservations last for 120 days.
General Information Name Search
Searching the Delaware database using name search can assist in determining whether your desired business entity exists in Delaware. Search options include entity type, entity ending (corporate suffix) and file number of the business.
Name searches in Delaware will only return businesses currently operating within its borders, although you may also be able to locate them via their URL (for which there may be an additional fee).
Once your proposed business name is available in Delaware, it’s also important to make sure it complies with any naming rules or trademark laws set by the state or trademark laws. Incfile can run a trademark search on behalf of our clients to make sure the name they choose doesn’t infringe on any existing intellectual property rights. We take care of this important step so you don’t have to! If it passes our search results then Incfile can file incorporation paperwork on their behalf if needed.
Reserve Your Business Name
As part of starting up a business in Delaware LLC naming rules and availability considerations, selecting an available name may be difficult. To prevent others from taking your desired name before you, registering it with the Division of Corporations could help secure it for yourself.
Reserving your company name may not always be necessary, but doing so can ensure you don’t lose it to another entity and helps bring your business idea faster to fruition.
Delaware business name reservations are valid for 120 days; however, formation documents (Articles of Incorporation for new Corporations or Articles of Organization for new LLCs) must be filed before this period ends. While in most states it would be impossible to register an identical or similar name with existing ones, in Delaware any discrepancies must be distinct enough upon record to warrant registration; changing singular to plural may suffice or minor grammar changes can help secure reservations here.
