Searches in Delaware LLCs can be conducted by searching either their name or file number with the state Division of Corporations, free and readily available for public consumption.
Step two is to locate and secure a professional registered agent service in Delaware who will accept legal notices on behalf of your company, such as lawsuits or tax notices.
Name availability
When starting up a new business, it’s essential that the name you want is available. Doing this will ensure your company stands out, meets state regulations, and prevent any legal hassles later on. The Division of Corporations offers an online name search tool which will return a list of businesses with similar names; domain name registrars also allow for searching URL availability.
This name search tool is easy to use, but please be aware that it does not check for availability in other states’ business registries. If your plans involve expanding into multiple states, make sure you search those registries as well. For assistance choosing a name for your new business venture, consult a business attorney for ideas and suggestions.
As part of your research process, be sure to ensure that the name you choose does not infringe any trademarks or service marks that could potentially impede with intellectual property registrations. This step is especially essential if your goal is to register your business under intellectual property protections.
Make your business name stand out with various strategies such as altering spellings or adding an identifier such as LLC or L.L.C, as well as altering word order. In addition, check if any trademarks or service marks have already been registered with the United States Patent and Trademark Office before creating your company name.
Once you have discovered an ideal business name, the Delaware Division of Corporations offers an easy and cost-effective process for reserving it for up to 120 days at no cost if incorporating. Simply submit the appropriate forms and pay fees.
Trademark availability
As with any name choice, it’s crucial that your chosen business name does not already exist as a trademark. Your state’s Division of Corporations should make this easy for you; but for added peace of mind it is also recommended to conduct a search with the United States Patent and Trademark Office (USPTO) before finalizing a decision – doing so may help avoid running afoul of someone else’s trademark which could result in costly legal action in the future.
Even though reserving your LLC name in advance may save money, this isn’t required in Delaware – once you’ve made up your mind on an LLC name, simply file your Certificate of Formation with it.
Delaware requires businesses to designate an agent for service of process in case they are served with legal papers or must file documents with the state. You can designate your owner as your registered agent, or hire someone professional to serve in this capacity.
After conducting a Delaware name search and ascertained that your desired LLC name is available, it would also be wise to verify its availability on social media platforms like Twitter and Facebook to prevent potential confusion among customers and any embarrassing moments down the road.
If you find a name you love but aren’t ready to file your Certificate of Formation just yet, the state offers an option to reserve it for six months by paying a small fee. This ensures no one else claims your chosen name before you’re ready. Just keep in mind that doing this means your registered agent’s information will become publicly accessible; thus you may want to consider using professional registered agent services instead, like Incfile; their fictitious business name service can even check domain names for availability and detect whether someone else might use them as trademarks before proceeding with filing their Certificate of Formation application.
