Business names generally are required to be unique in the state of formation. Even in those states that allow multiple instances of the same name, it can be beneficial to the business to not be confused with another existing business. There are also other rules that must be followed.
When choosing a name, we have found the following to be some best practices to ensure your business isn't delayed by being rejected by the state.
LLC names must be unique within the state of registration, not only from other LLCs, but also from any corporation registered in the state. Some states will not allow LLC to be named the same as existing trade names either.
ALL LLCs require a designator alerting anyone doing business with the entity that it is registered as a limited liability company. Designators can be any of the following for an LLC: "Limited Liability Company", "Limited", "Ltd.", "LLC"
Register LLCCorporation names must be unique within the state of registration, not only from other corporations, but also from any LLCs registered in the state. Some states will not allow a corporation to be named the same as existing trade names either.
Corporation require a designator alerting anyone doing business with the entity that it is registered as a corporation. Designators can be any of the following for a corporation: "Incorporated", "Corporation", "Inc", "Corp"
Register CorporationNonprofit names must be unique within the state of registration, not only from other corporations, but also from any LLCs registered in the state. Some states will not allow a nonprofit to be named the same as existing trade names either.
Nonprofit rules vary by state, but generally do not require any designator like standard corporations or LLCs
Register Non-ProfitAssumed Business Names, Fictitious Names, DBAs
Trade names can not have designators like "LLC", "Inc" "Corp" or "Ltd", nor can they have those words spelled out, "Limited", "Incorporated", "Corporation". Those designators have specific meaning.
A trade name does not "protect" the name or prevent anyone else from using the name. Although some states will not allow another business to register a name that is already in use, it does not mean that someone won't use it anyway. Your protections for a business name are only held in civil courts, and even then, generally only if someone is actually infringing on your notoriety (pretending to be you to get business they didn't earn).
Register Trade Name