Business Name Search in Delaware | A Comprehensive Guide

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Conduct a Business Name Search in Delaware

Conducting a business name search in Delaware is an essential step for entrepreneurs and business owners in starting an LLC in Delaware. A business name search helps you identify whether a desired business name is already in use or if it’s unique and available for registration. Additionally, it allows you to gather information on existing businesses, such as their registration details, legal status, and contact information.

Webinarcare Editorial Team will help you conduct a business name search in Delaware. You must be guided by all the factors gathered in this article.

How to Conduct a Business Name Search in Delaware

What is a Business Name Search?

Business name search in Delaware is an essential step for entrepreneurs who want to start a Limited Liability Company (LLC). This search helps them to ensure that the name they have chosen is unique, available, and compliant with state laws. The process of searching for a business name in Delaware involves using the Delaware business registration system, which allows users to search for registered business names and check for name availability.

Additionally, entrepreneurs also need to check that their chosen name does not infringe on any existing trademarks or copyrights. Conducting a thorough name search helps to prevent legal and branding issues as well as build a strong brand image. In Delaware, taking the time to properly search for a business name or trademark can help entrepreneurs to set their businesses up for future success. We reviewed some of the Trademark Services in Delaware that will help you with your business name search.

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How to Conduct a Business Name Search in Delaware

Before knowing why a business name is necessary, you should now conduct a business name search in Delaware. Even in any different business structure, conducting a business name search takes time. However, with the help of the information listed in this article, you will get an easier option in finalizing your business name.

Step 1: Access the Business Entity Search Tool

The Delaware Secretary of State website has a Business Center Search Tool to help you choose a name for your business. This tool can help you determine the uniqueness and availability of a name. Also, keeping a list of backup names is helpful so you can choose a last name after a few repetitions. You can also check out the Delaware Division of Corporations Entity Search to access the entity search tool.

Step 2: Perform the Search

On the Delaware website, check the availability of the proposed business name. The search result will display information about similar businesses if the desired business name is already used. While searching, you can exclude using identifiers such as “LLC” to get more results from different business structures operating under the same name. Conduct extensive research using the provided filters before filing the name with the government.

If you want to register a Trademark in Delaware, you can also conduct a trademark search on the United States Trademark Database. Check with the Patent and Trademark Office to see if the chosen name is already in use by someone else.

Choosing a Business Name in Delaware

You now conducted a business search in Delaware. With what you have searched and listed, you will choose the most suitable business name for your Delaware business. When searching for a potential business name, follow these steps:

  1. Brainstorm Ideas: Begin by brainstorming a list of potential names that convey your business’s goals and values, and appeal to your target audience. Consider names that are easy to pronounce, spell, and remember.
  2. Be Descriptive But Not Limiting: Choose a name that gives an idea of what your business does or offers without being too specific or limiting future growth. For example, avoid using a specific location or product type in the name if you plan to expand your business or diversify your offerings.
  3. Check for Availability: Use the Delaware Secretary of State’s business name search tool available at the link provided to check if your desired name is already in use by another registered business entity. Remember that the name should be distinguishable from others to avoid potential legal disputes and confusion.
  4. Consider Domain Name Availability: If you plan to have an online presence, check if the desired domain name is available for your website. Ideally, your domain name should match or closely resemble your business name for consistency and easy online recognition.
  5. Conduct a Trademark Search: To avoid infringing on any existing trademarks or intellectual property rights, conduct a thorough trademark search using the United States Patent and Trademark Office’s (USPTO) Trademark Electronic Search System (TESS). This will help you identify any potential conflicts with registered or pending trademarks. You can access the Delaware Trademark Search for more detailed information about trademark searches.
  6. Verify Name Requirements: Ensure your chosen name meets the specific naming requirements for your business type, such as including words like “LLC,” “Corp,” or “Ltd.,” if applicable. Refer to your Delaware’s business naming guidelines for specific rules and restrictions.

By following these steps and considering the various factors in choosing a business name, you can create a distinct, memorable, and legally compliant name.

Meantime, In Delaware, if you do not wish to file your business right away but want to hold the name that you have decided on, then you can reserve your business name for 120 days. You must file a name reservation application in the Delaware Secretary of State by mail or online filing to keep the name.

The Delaware Secretary of State will review your application and approve the name if it is available and not too similar to any other existing business name. If the name is approved, you will receive a reservation number and an approval letter. When filing the Certificate of Formation in Delaware, to form your LLC, you must include the reservation number.

After reserving an LLC name, you must still form the LLC by filing the Certificate of Formation with the Delaware Secretary of State. The LLC name, contact information, the names of the LLC’s members, and the name and address of the LLC’s Registered Agent must all be included in the Certificate of Formation.

File your Certificate of Formation online on the Delaware Secretary of State Online Services page. You may also download the offline file of the name reservation form and submit it with the processing fee to Delaware Division of Corporations – Delaware Division of Corporations, 401 Federal Street, Suite 4 Dover, DE 19901.

If you are planning to start an LLC in Delaware, make sure that you choose a business name that is suitable for your business. It is best to hire a legal expert or an LLC Services that will guide you through the process.

– WEBINARCARE EDITORIAL TEAM

How to File a DBA?

Filing Delaware DBA (Doing Business As), a fictitious business name, trade name, or assumed name, allows you to operate your business under a different name than your legal name. The process for filing a DBA varies depending on the state or county of your business. You can select a unique and appropriate name for your business that complies with your Delaware naming guidelines. Ensure the name is not misleading or confusingly similar to other businesses in your area. Afterward, you must search your Delaware business name database to ensure another business does not already use your desired DBA name. Once you have confirmed the availability of your desired name, you will need to register your DBA with the appropriate Delaware Secretary of State. 

The registration process typically involves completing an application form, providing the required information about your business, and paying a filing fee. The required information may include your legal business name, address, ownership structure, and the desired DBA name. Delaware requires you to publish a notice of your DBA registration in a local newspaper to inform the public about your new business name. After the notice has been published for the required time, you may need to provide proof of publication to the Delaware Secretary of State where you registered your DBA.

In Delaware, there are two methods, by mail and in person, which costs around $25.

After registering your DBA, update your business records, marketing materials, contracts, and other documents to reflect your new business name. Don’t forget to consult your state or county’s specific DBA filing process, as requirements and procedures may vary.

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Importance of Business Name Search in Delaware

Before researching how to conduct Delaware business name search, you must know why having a business name is important. 

A business name is important for several reasons:

  • Legal Identity: The business name is the official legal identity of your Delaware LLC, which distinguishes it from other businesses. It is a requirement when registering your Delaware LLC with the Delaware Secretary of State. This legal identity allows your Delaware LLC to enter into contracts, open bank accounts, and engage in business activities under its own name.
  • Liability Protection: One of the primary purposes of forming an LLC is to separate the business’s liabilities from its owners’ personal assets. A distinct business name helps establish this separation, reinforcing the limited liability protection the Delaware LLC structure provides.
  • Brand Identity and Recognition: A unique and memorable business name is crucial for building a strong brand identity and presence in the market. It helps customers recognize and remember your products or services and differentiate your Delaware LLC from competitors.
  • Legal Compliance: When registering an LLC, you must ensure that another registered entity within your jurisdiction does not already use the business name. Choosing a unique and available name is essential for legal compliance and avoiding potential disputes with other businesses.
  • Professionalism and Credibility: A well-chosen business name can convey professionalism and credibility, boosting customer trust and confidence in your products or services. An unprofessional or confusing name, on the other hand, can have the opposite effect and deter potential customers.
  • Marketing and Advertising: Your Delaware LLC’s business name plays a significant role in your marketing and advertising efforts. A catchy, memorable name can make your advertising campaigns more effective and increase the likelihood of word-of-mouth referrals.
  • Online Presence and SEO: A chosen business name can improve your Delaware LLC’s online presence and help customers find you more easily through search engines. A strategic business name can contribute to better online visibility and higher search rankings by incorporating relevant keywords and optimizing your website for search.

The importance of a business name search lies in ensuring its uniqueness and legal compliance and avoiding potential conflicts with other businesses. This process helps to establish a distinctive brand identity, protect intellectual property rights, and maintain a professional reputation in the market.

Is it Possible for Two Businesses to Have the Same Name?

Under certain conditions, two businesses that do not compete with each other may share the same name. However, you may be trying to impose on the trademark of the other competing business if either of the following occurs:

  • The company operates in the same geographical area, or
  • The company name is federally registered.

Furthermore, suppose a company name is considered famous or well-known, for example, Dior or Chanel. In that case, it has broader protection, and no other business, regardless of industry or location, can usually use the mark.

It’s best to avoid using another company’s name to avoid future legal issues. 

Can I Sell or Buy Someone Else’s Trademark?

Before selling your trademark, you must incorporate it into a business. A trademark cannot be sold if it is only registered as a placeholder for future use. The trademark must be visible on all products you sell.

You can buy another person’s trademark (known as “trademark assignment”), but the process is legally complex and costly. To purchase an existing trademark, you must purchase all company assets, product lines, or the entire business associated with the trademark.

What Should I Do If My Desired Business Name Is Already In Use?

If your desired business name is already in use, consider modifying it to make it unique and distinguishable from the existing business. You can also explore alternative names that still convey the essence of your business and comply with state naming requirements.

What Should I Do After Finding an Available Business Name?

After finding an available business name, you can proceed with the necessary steps to register your business with Delaware Secretary of State office. This may include filing formation documents, such as Certificate of Formation or Certificate of Incorporation, and paying the required filing fees. Additionally, consider registering your business name as a trademark to protect your brand and prevent others from using a confusingly similar name.

FAQs

How do I conduct a business name search in Delaware?
You can search for a business name on the Delaware Division of Corporations website.
Do I need to register my business name in Delaware?
Yes, all businesses need to register their names with the state of Delaware.
Can I search for business names in Delaware using keywords?
Yes, you can use keywords to search for a business name in Delaware.
How much does it cost to search for a business name in Delaware?
It costs $50 to search for a business name in Delaware.
Can I use a name that is similar to an existing business name in Delaware?
No, you cannot use a name that is similar to an existing business name in Delaware.
How long does it take to process a business name registration in Delaware?
It takes a few days to process a business name registration in Delaware.
Can I reserve a business name in Delaware?
Yes, you can reserve a business name in Delaware for a fee of $75.
What is the difference between search and reservation in Delaware?
Searching is to check if your desired name is currently taken or not. Reservation, on the other hand, saves the name for business registration for a maximum of 120 days.
Do I need to be a resident of Delaware to register a business name?
No, you do not need to be a resident of Delaware to register a business name.
Can two businesses have the same name in Delaware?
No, two businesses cannot have the same name in Delaware.
How often should I renew my business name registration in Delaware?
You need to renew your business name registration in Delaware every five years.
Can I change my business name in Delaware?
Yes, you can change your business name in Delaware by filing a Certificate of Amendment.
Will I get my business name registration certificate immediately after submitting requirements?
Yes, you will get your business name registration certificate immediately after submitting the requirements.
Can I file for business name registration in Delaware online?
Yes, you can file for a business name registration in Delaware online.
What do I need to submit to register my business name in Delaware?
You need to submit a certificate of formation, a registered agent acceptance, and the required fee to register your business name in Delaware.
Can I register multiple business names in Delaware at the same time?
Yes, you can register multiple business names in Delaware at the same time by filing the necessary paperwork and paying the required fee for each name.
How long does it take to get an EIN in Delaware?
You can get an EIN (Employer Identification Number) for your business in Delaware instantly online by filing with the IRS.
Is my business name registration in Delaware valid in other states?
No, your business name registration in Delaware is only valid in Delaware.
Can I search for trademarks while searching for a business name in Delaware?
Yes, you can search for trademarks while looking for a business name in Delaware.
Where can I find Delaware’s Business Name Guidelines?
You can find the Delaware’s Business Name Guidelines on the website of the Delaware Division of Corporations.
Can I use a domain name as my business name if it’s available in Delaware?
Yes, you can use a domain name as your business name in Delaware if it’s available.
Can I get legal advice from the State of Delaware on available business names?
No, you cannot get legal advice from the State of Delaware on available business names.
Can I register a business name under a pen name in Delaware?
No, you cannot register a business name under a pen name in Delaware.
Can I change my registered agent in Delaware?
Yes, you can change your registered agent in Delaware by filing a Registered Agent Change Request.
What is the significance of filing business name registration in Delaware?
Registering a business name ensures that your business name is unique and can be used for profit-making in the State of Delaware.
Can I register the name of another company that hasn’t done business in Delaware?
No, you cannot register the name of another company that hasn’t done business in Delaware.
Can nonresident aliens who aren’t physically based in Delaware register in the state?
Yes, nonresident aliens who aren’t physically based in Delaware can register a business name in the state.
Can a company choose a name in Spanish or any other language in Delaware?
Yes, a company can choose a name in Spanish or any other foreign language in Delaware.
Can I cancel the registration of my business name in Delaware?
Yes, you can cancel the registration of your business name in Delaware by filing a Certificate of Cancellation.
Can I register my business name without forming an entity in Delaware?
No, you cannot register your business name without forming an entity in Delaware.

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Conclusion

Conducting Delaware business name search is essential for entrepreneurs and business owners in establishing a unique and legally compliant business identity. This process not only helps to avoid potential legal disputes and ensure compliance with state regulations but also plays a critical role in building a strong brand presence in the market. By utilizing the available resources, tools, and guidelines provided by the relevant state or county agencies, business owners can effectively choose and register a business name that stands out from the competition, resonates with the target audience, and contributes to long-term business success.

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