Business Name Search in Illinois | A Comprehensive Guide


Steve Bennett
Steve Bennett
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Conduct a Business Name Search in Illinois

Conducting a business name search in Illinois is an essential step for entrepreneurs and business owners in starting an LLC in Illinois. 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 Illinois. You must be guided by all the factors gathered in this article.

What is a Business Name Search?

Business name search in Illinois 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 Illinois involves using the Illinois 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 Illinois, 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 Illinois that will help you with your business name search.

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How to Conduct a Business Name Search in Illinois

Before knowing why a business name is necessary, you should now conduct a business name search in Illinois. 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 Illinois 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 Illinois Secretary of State Corporation/LLC Search to access the entity search tool.

Step 2: Perform the Search

On the Illinois 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 Illinois, 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 Illinois

You now conducted a business search in Illinois. With what you have searched and listed, you will choose the most suitable business name for your Illinois 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 Illinois 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 Illinois 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 Illinois’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 Illinois, 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 90 days. You must file a name reservation application in the Illinois Secretary of State by mail or online filing to keep the name.

The Illinois 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 Articles of Organization in Illinois, to form your LLC, you must include the reservation number.

After reserving an LLC name, you must still form the LLC by filing the Articles of Organization with the Illinois 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 Articles of Organization.

File your Articles of Organization online on the Illinois 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 Illinois Department of Revenue – Department of Business Services, Limited Liability Division, 501 S. Second St., Rm. 351, Springfield, IL 62746.

If you are planning to start an LLC in Illinois, 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.

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How to File a DBA?

Filing Illinois 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 Illinois naming guidelines. Ensure the name is not misleading or confusingly similar to other businesses in your area. Afterward, you must search your Illinois 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 Illinois 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. Illinois 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 Illinois Secretary of State where you registered your DBA.

In Illinois, there are three methods, online, by mail, and in person filing, which costs around $50.

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 Illinois

Before researching how to conduct Illinois 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 Illinois LLC, which distinguishes it from other businesses. It is a requirement when registering your Illinois LLC with the Illinois Secretary of State. This legal identity allows your Illinois 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 Illinois 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 Illinois 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 Illinois 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 Illinois 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 Illinois Secretary of State office. This may include filing formation documents, such as Articles of Organization or Articles 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 Illinois?
You can conduct a business name search in Illinois by using the Illinois Secretary of State’s Corporations Search website.
Can I search for business names that are already taken in Illinois?
Yes, you can search for business names that are currently registered in Illinois to avoid duplication.
Do I need to register my business name in Illinois?
Yes, if you plan on conducting business in Illinois, you must register your business name with the Secretary of State.
Can I change my business name in Illinois?
Yes, you can change your business name in Illinois by submitting a form to the Secretary of State’s office.
How long does it take to register a business name in Illinois?
It typically takes 1-2 weeks for the Secretary of State to process a business name registration application in Illinois.
How much does it cost to register a business name in Illinois?
The fee to register a business name in Illinois is $300.
Is the business name registration fee in Illinois refundable?
No, the business name registration fee in Illinois is non-refundable.
Can I register a national trademark in Illinois?
No, registration of a national trademark must be done through the U.S. Patent and Trademark Office rather than the Illinois Secretary of State.
Can I use a business name that is similar to an existing business in Illinois?
No, you should avoid using a business name that is similar to an existing business in Illinois to avoid confusion.
Who do I contact if I have questions about registering a business name in Illinois?
You can contact the Illinois Secretary of State’s Business Services department for assistance.
Can I reserve a business name in Illinois before I register it?
Yes, you can reserve a business name in Illinois for 90 days by submitting a request.
How many business names can I reserve in Illinois?
You can reserve up to three alternative business names in addition to your primary name in Illinois.
Can I register a business name online in Illinois?
Yes, you can register a business name online in Illinois through the Secretary of State’s website.
Do I need a unique Federal Tax ID for my business name registration in Illinois?
No, you do not need a unique Federal Tax ID to register a business name in Illinois.
How do I check the status of my business name registration in Illinois?
You can check the status of your business name registration in Illinois online through the Secretary of State’s website.
Can I change the name of my LLC in Illinois?
Yes, you can change the name of your LLC in Illinois by submitting a form to the Secretary of State’s office and paying the required fee.
How often do I need to renew my business name in Illinois?
Your business name does not need to be renewed in Illinois once it has been registered.
Can I cancel my business name registration in Illinois?
Yes, you can cancel your business name registration in Illinois by submitting a petition to the Secretary of State’s office.
What happens if I do not register my business name in Illinois?
Failure to register your business name in Illinois can result in legal action and fines.
Can I search for business names by category in Illinois?
Yes, you can search for business names by category in Illinois using the Secretary of State’s website.
How old do I need to be to register a business name in Illinois?
There is no age requirement to register a business name in Illinois.
Can I register a business name outside of my home county in Illinois?
Yes, you can register a business name in any county in Illinois.
Do I need to register my business name separately in every county in Illinois?
No, you only need to register your business name once in Illinois, regardless of the county you choose.
Do I need to register my business name with local government agencies in Illinois?
In some cases, you may be required to register your business name with local government agencies in Illinois in addition to the Secretary of State’s office.
Can I use a business name that is already owned by another business outside of Illinois?
Technically, you can use a business name owned by another business outside of Illinois, but it can be risky as it may infringe on someone else’s intellectual property rights.
Do I need to include LLC in my business name registration in Illinois?
If your business is organized as an LLC, you should include “LLC” at the end of your business name registration in Illinois.
If my business name registration application is denied in Illinois, can I reapply?
Yes, you can reapply for business name registration in Illinois if your initial application is denied.
Do I need a lawyer to register a business name in Illinois?
No, you do not need a lawyer to register a business name in Illinois, but you may choose to consult one for legal advice.
What happens if my primary business name choice is already taken in Illinois?
If your primary business name choice is already taken in Illinois, you should choose another name for your business registration application.
What is a business name search in Illinois?
A business name search in Illinois is a process of verifying the availability of a proposed business name that an individual or entity wants to use to transact business in the state.
Why is a business name search important?
Conducting a business name search can help a person to avoid duplication of business names, infringement on another individual’s or entity’s intellectual property rights, and potential legal disputes.
How can I conduct a business name search in Illinois?
You can conduct a business name search in Illinois online at the Illinois Business Portal.
Do I need to have an online account to conduct a business name search in Illinois?
No, you do not need an online account to conduct a business name search in Illinois.
Are there any fees associated with conducting a business name search in Illinois?
No, there are no fees associated with conducting a business name search in Illinois.
What entity manages business name searches in Illinois?
The Illinois Secretary of State’s (SOS) office manages business name searches in Illinois.
How do I contact the Illinois SOS office for further information or assistance?
You can contact the Illinois SOS office by phone or email.
Can I search for multiple business names at once in Illinois?
Yes, you can search for multiple business names at once in Illinois.
How long does the business name search process take in Illinois?
The business name search process in Illinois is instant.
Can I reserve a business name in Illinois?
Yes, you can reserve a business name in Illinois for up to 90 days.
What are the requirements for reserving a business name in Illinois?
To reserve a business name in Illinois, you must fill out a reservation application and submit it to the SOS office along with the appropriate fees.
How much does it cost to reserve a business name in Illinois?
It costs $25 to reserve a business name in Illinois.
Can I conduct a business name search in Illinois for names that are not in English?
Yes, you can conduct a business name search in Illinois for names that are not in English.
Can I conduct a business name search in Illinois for trade names?
Yes, you can conduct a business name search in Illinois for trade names.
What happens if someone else is using the business name I want to use in Illinois?
If someone else is using the business name you want to use in Illinois, you will have to choose a different name for your business.
Can I use an already taken business name if I establish a completely different business entity in Illinois?
It depends. If the business entity being established operates in a different industry than the existing entity using the same name, it may be possible to use that same name. It is advised that legal counsel is obtained to establish the specific boundaries and avoid potential conflicts.
Is a business name search required in Illinois before registering for a trademark or service mark?
It is advised to conduct a business name search in Illinois prior to registering for a trademark or service mark to avoid the likelihood of confusion in trademarks with the names of pre-existing businesses.
How often do I need to conduct a business name search in Illinois?
You should conduct a business name search in Illinois annually or whenever you’re planning on using a new business name.
Can I conduct a business name search in Illinois in person?
Yes, you can conduct a business name search in person at the Illinois SOS office.
Who can conduct a business name search in Illinois?
Anyone can conduct a business name search in Illinois.
What happens after I conduct a business name search in Illinois?
After you conduct a business name search in Illinois, you’ll receive a report that shows all the businesses that use the name that you’re searching for in the state.
Can two businesses have identical names in Illinois?
No, two businesses cannot have identical names in Illinois.
What happens if my proposed business name is too similar to an existing Illinois business name?
If your proposed business name is too similar to an existing Illinois business name, you’ll have to choose a different name for your business.
How many business names are too similar in Illinois?
The Illinois SOS office will determine if two business names are too similar or the same if they can be reasonably confused and think they are the same for customers.
What type of information can I find in the business name search report?
Answer:Information about entities that are transacting business under the same or similar name.
What will happen if I don’t conduct a business name search in Illinois before using the name?
If you don’t conduct a business name search in Illinois and end up using the name, you could be subject to infringement lawsuits and may have to rebrand your business.
Do I need to conduct a business name search in Illinois if I am registering my business in another state?
It is advised to conduct a business name search in the respective state where you are registering your business.
Can I perform a business name search from any location?
Yes, you can perform a business name search from any location with the internet access., regardless of where you are located.

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Conclusion

Conducting Illinois 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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