How To Choose A
Business Name

All Business Structures

Limited Liability Companies

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 LLCs 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"

Corporations

Corporation 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.

Corporations require a designator to alert 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"

Nonprofit

Nonprofit 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.

Trade Names

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 a 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).

Some business naming rules apply to all business types and structures, including:

• Be straightforward: You may not use a business name that is intentionally misleading. For instance, you may not name your plumbing business "Smith Chiropractic."


• Choose a unique name: Using initials and a generic industry term will often conflict with another business. "TJ Trucking," for example, is likely not available, but "Jenkins Trucking and Transportation" might well be. The word 'And' and the ampersand (&) are often considered the same thing in regard to uniqueness. Be sure to check the state database to see if there are businesses with similar names to your desired name so you can ensure there won't be confusion for any potential customers.


• Understand the details: Separating initials with an ampersand (&) will not make it a unique name. In most instances, that symbol is ignored. Using the example above, "T&J Trucking" will be treated the same as "TJ Trucking" when determining uniqueness.


• Avoid punctuation: Do not use punctuation other than hyphens (-) or ampersands (&). The IRS does not recognize any other punctuation, and even if the state does allow it, the discrepancy may cause problems when opening a bank account. You can still use punctuation in your marketing and advertising. For instance, "Jims Burgers" would be the registered name, but using "Jim's Burgers" on your sign, online ads, or business cards is acceptable.


• Limit plurals: Adding an 'S' to make something plural will not suffice to make the name unique.


• Bring it back to you: Using your own name in the business name, or the city in which you are based will often differentiate your business name from others.


• Stand out When considering uniqueness, the state looks for a business to be easily differentiable from any other business.

Online Presence

The requirements for registering your business vary from state to state. Each structure requires separate documentation and processes, so it's best to look into these thoroughly to avoid delays in the registration process.

To ensure your business name is available in your state, considering using a professional filing service like Firstep Business Solutions to avoid any complications with business name availability.

• Use a search engine
• Do a trademark search
• Check country and state registries
• Ensure an available domain name

Brainstorm Potential Names

A good way to come up some business name ideas is through a brainstorming session. This could be by simply writing down things you come up with, by looking at your brand identity and what your brand stands for and using that, or by using a group brainstorming session with your founding partners or people you trust to generate ideas. Coming up with a name for your business can take some time, so don't get discouraged.

Make sure that while you are brainstorming, to have the states records accessible to go through the name availability check to determine if these ideas are actually available. Your desired business name might be taken already, but you might get some more ideas through searching and going through current business names that are registered in your state as well.

Testing and Feedback

Identify a few potential business names and get feedback to narrow your options. Ask friends, family members, and colleagues for their opinions and impressions. Reach out to your target audience. Double-check that your business name is free of negative connotations or cultural insensitivity. For example, your name might sound fantastic in English but translate poorly in other languages. Consider sensitive topics affecting your industry and avoid any business names that might alienate potential customers.

It's usually a good rule of thumb to put the name you are considering into the search bar and just see what comes up. If you think you have came up with the perfect business name, but there is conflicting results when searching for it online this might add to the difficulty of getting high ranking and being able to reach potential customers.

Future-Proofing

Choosing your business name is an exciting new beginning. While it's the start of a new and profitable journey, maintaining compliance and navigating the red tape can be challenging and time-consuming. Firstep Business Solutions is here to streamline your business maintenance practices, from turning your new business name into a registered entity to updating your records.

As a privately owned small business, we understand the importance of having trusted support so that you can focus on connecting with your clients and growing your business. Form your business in minutes with us, starting with our simple registration availability checker. Get started with us today, and we'll navigate the paperwork so you can make an impact in your industry.

Register Your New Business Name With Firstep Business Solutions

Your business name will be with you for a long time, and you want it to stay relevant as your business grows. For example, running an online clothing business called "Clothing Online" limits you to just clothes. Getting too specific could mean your carefully chosen name is inappropriate in a few years. Ensure your chosen name lets your business grow and change.

If your desired business name is already in use, you may need to register an assumed name for your LLC. For foreign LLCs, which are those formed in another state but wishing to operate locally, it is necessary to register with the state, obtain a certificate of authority, and meet all procedural requirements to legally transact business. These steps ensure your LLC is properly recognized and authorized to operate within the state.