If your company is a Delaware LLC, changing the name of your LLC requires filing for a certificate of amendment. Thomas Law Firm PLLC can assist with this process at an affordable flat fee.
First, select a name that meets the state’s business requirements. Secondly, conduct a trademark search.
Choose a Good Business Name
When selecting a business name, make sure it’s distinctive and memorable. A great title will help your venture stand out from competitors and attract customers.
Delaware LLC names must be distinctive from other business names already registered in the state and not identical to a trademarked phrase. Your choice should also be easy for people to remember and comprehend, while accurately reflecting your products or services.
You have a wide range of words and abbreviations available for your LLC, such as “association,” “company,” “corporation,” “club,” “foundation,” fund,” incorporated,” institute,” society,” union,” syndicate” or limited. Words with similar meaning in other countries or jurisdictions may also be accepted provided they’re written using roman characters or letters.
You can verify if the name you choose for filing is available using Delaware’s name search tool. Doing this will guarantee that no other business in Delaware has already claimed it.
Perform a Trademark Search
Conducting a trademark search is essential, as it helps you protect yourself against infringing upon someone else’s trademark rights. Failure to do so could result in costly legal fees and headaches for your business down the line.
The Delaware Secretary of State offers a search tool to check if your desired company name has already been registered in the state. It will return a list of entities with similar or identical names as yours, along with their filing and incorporation dates.
You can conduct a name check using Incfile’s company database, which allows you to search all entities filed in the state. This search tool is fast and effortless and will show if there are any companies with the same name as yours.
Reserve Your Company’s Name
When forming your Delaware LLC, it may be wise to reserve its name until everything is finalized. You can do this by filing a Business Name Reservation with the Delaware Division of Corporations either online or by post.
Reserving a company’s name is straightforward, but requires some thoughtful consideration. Make sure your chosen business name is not already being used by another entity and conduct a trademark search to confirm it does not infringe upon any existing trademarks or service marks.
Alternatively, you can form your Delaware LLC under a different name that isn’t already in use. This type of name is commonly known as a DBA (doing business as), trade name or assumed name and can be advantageous in various scenarios. However, changing the LLC’s name can be costly and time-consuming; so if you decide to do this, be sure to do it carefully.
File an Amendment
Once you select a name for your Delaware LLC, filing an amendment to make the change permanent is easy. This process takes only minutes and eliminates the hassle of altering bank accounts, obtaining an EIN number, and creating new internal documents.
A certificate of amendment allows you to update your business name, principal/mailing address, duration and registered agent. Additionally, this form includes a section for reporting any modifications in contact information for your company.
Filing an amendment to your Delaware LLC requires completion of a form and payment of $50 filing fee. Alternatively, you can file a certificate of amendment ($50) if you’d prefer to reduce your filing costs.
In addition to a certificate of amendment, your Delaware LLC may need to file an annual report. While not mandatory by the state, filing this report gives you an opportunity to update contact information and let the Department of State know your company is still active.
