Business Name Search in Maryland | A Comprehensive Guide

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Conduct a Business Name Search in Maryland

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

How to Conduct a Business Name Search in Maryland

What is a Business Name Search?

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

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How to Conduct a Business Name Search in Maryland

Before knowing why a business name is necessary, you should now conduct a business name search in Maryland. 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 Maryland 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 Maryland Business Express to access the entity search tool.

Step 2: Perform the Search

On the Maryland 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 Maryland, 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 Maryland

You now conducted a business search in Maryland. With what you have searched and listed, you will choose the most suitable business name for your Maryland 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 Maryland 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 Maryland 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 Maryland’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 Maryland, 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 30 days. You must file a name reservation application in the Maryland Secretary of State by mail or online filing to keep the name.

The Maryland 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 Maryland, 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 Maryland Secretary of State. The LLC name, contact information, the names of the LLC’s members, and the name and address of the LLC’s Resident Agent must all be included in the Articles of Organization.

File your Articles of Organization online on the Maryland 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 Maryland Department of Assessments and Taxation – CoState Department of Assessments and Taxation, Charter Division 301 W. Preston Street; 8th Floor, Baltimore, MD 21201-2395.

If you are planning to start an LLC in Maryland, 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 Maryland 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 Maryland naming guidelines. Ensure the name is not misleading or confusingly similar to other businesses in your area. Afterward, you must search your Maryland 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 Maryland 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. Maryland 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 Maryland Secretary of State where you registered your DBA.

In Maryland, there are three methods, online, by mail, and in person filing., which costs around $25 Filing Fee and $50 Expedited Fee.

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.

Recommended: Embark on your entrepreneurial journey confidently and affordably with LegalZoom’s DBA service, the beacon that guides businesses to credible branding and comprehensive compliance. Discover how effortless success can truly be!

– LegalZoom – ($99 + Filling Fees)

Importance of Business Name Search in Maryland

Before researching how to conduct Maryland 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 Maryland LLC, which distinguishes it from other businesses. It is a requirement when registering your Maryland LLC with the Maryland Secretary of State. This legal identity allows your Maryland 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 Maryland 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 Maryland 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 Maryland 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 Maryland 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 Maryland 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

What is a business name search in Maryland?
A business name search in Maryland is the process of searching for existing or available business names in the state of Maryland.
Why is it important to conduct a business name search in Maryland?
Conducting a business name search in Maryland is important to avoid infringing on someone else’s business name and to ensure that the business name is available for use.
How do I conduct a business name search in Maryland?
You can search for business name availability in Maryland on the Department of Assessments and Taxation’s website or by contacting a registered agent service.
Does Maryland have unique requirements or restrictions for business names?
Yes, Maryland has specific requirements and restrictions for business names. For example, the name must indicate the type of business and the professional or occupational purpose of the business.
Can a business name be reserved ahead of time in Maryland?
Yes, a business name can be reserved for up to 30 days in Maryland through the Department of Assessments and Taxation website.
What is the cost to conduct a business name search in Maryland?
There is no cost to conduct a business name search in Maryland.
How can I ensure my business name complies with Maryland’s regulations?
You can ensure your business name complies with Maryland’s regulations by reviewing the Department of Assessments and Taxation’s guidelines and consulting with an attorney.
Are trade names different from business names in Maryland?
No, trade names and business names are the same in Maryland.
What if someone else has the same business name in Maryland?
If someone else has the same business name in Maryland, you must choose a new name or take steps to distinguish your business from the other business.
Can I use a business name from another state in Maryland?
No, you cannot use a business name from another state in Maryland unless you have registered your business in both states.
Can I use my own name for my business in Maryland?
Yes, you can use your own name for your business in Maryland.
How long does the process of a business name search in Maryland typically take?
The process of a business name search in Maryland typically takes a few minutes to a few days.
Should I register my business name in Maryland before conducting a business name search?
It’s not necessary to register your business name in Maryland before conducting a business name search.
How long is a business name valid in Maryland?
A business name is valid for as long as the business operates under the name in Maryland.
Is it difficult to change a business name in Maryland?
It’s not difficult to change a business name in Maryland, but a new business name search needs to be conducted and forms need to be filed with the Department of Assessments and Taxation.
Can I check the availability of a business name in Maryland over the phone or in person?
Yes, you can check the availability of a business name in Maryland over the phone or in person by contacting the Department of Assessments and Taxation.
How long does it take to reserve a business name in Maryland?
It takes a few days to reserve a business name in Maryland.
Can I choose any business name in Maryland?
No, not any business name can be chosen in Maryland because certain names need to be avoided, such as names already in use, vulgar names, and names that suggest criminal activity.
What is the difference between a trade name and a trademark in Maryland?
A trade name is a business’s name whereas a trademark is a symbol, design, or word used to identify a business’s products or services.
Is a business name search the same as a trademark search in Maryland?
No, a business name search and a trademark search are two different things in Maryland.
Can I operate a business under a name other than my own in Maryland?
Yes, you can operate a business under a name other than your own in Maryland.
How many business names should I have in mind when conducting a business name search in Maryland?
It’s advisable to have a few business names in mind when conducting a business name search in Maryland because a name may already be taken.
Can I use punctuation in my business name in Maryland?
Yes, you can use punctuation in your business name in Maryland.
Can I use a foreign word in my business name in Maryland?
Yes, you can use a foreign word in your business name in Maryland.
Do I need to have my business registered before conducting a business name search in Maryland?
No, you don’t need to have your business registered before conducting a business name search in Maryland.
Can I change my business name after registering it in Maryland?
Yes, you can change your business name after registering it in Maryland.
Can I use my business name for multiple businesses in Maryland?
Yes, you can use your business name for multiple businesses in Maryland as long as they are related to each other.
Can a corporate name be the same as a fictitious name in Maryland?
No, a corporate name cannot be the same as a fictitious name in Maryland.
Can I register multiple trade names in Maryland for the same business?
Yes, you can register multiple trade names in Maryland for the same business.
Is the Maryland business name search free?
Yes, the Maryland business name search is free.
Can I register a business with the same name as another in Maryland?
No, you cannot register a business with the same name as another in Maryland.
How do I know if a business name is available in Maryland?
You can check the availability of a business name in Maryland online using the Maryland Business Express database.
How long does it take to complete a business name search in Maryland?
It typically takes only a few minutes to complete a business name search in Maryland.
Can a business reserve a name in Maryland?
Yes, a business can reserve a name in Maryland for up to 60 days by filing a Name Reservation Application.
Can I use a trade name for my business in Maryland?
Yes, you can use a trade name for your business in Maryland.
What is the cost to search a business name in Maryland?
There is no cost to search a business name in Maryland.
What information do I need to complete a business name search in Maryland?
You will need a desired business name and an understanding of the naming policies in Maryland.
Can a business name search be done over the phone in Maryland?
No, a business name search must be completed online in Maryland.
What is the turnaround time for a business name search in Maryland?
The turnaround time for a business name search in Maryland is immediate.
Can I register a business name as a trademark in Maryland?
Yes, you can register a business name as a trademark in Maryland.
Are there any requirements for choosing a business name in Maryland?
Yes, Maryland business names must be distinctive, suggestive, inherently distinctive or fanciful.
Can I change my business name in Maryland after registration?
Yes, you can change your business name in Maryland after registration.
How do I know if my business name is considered “distinctive” in Maryland?
You will know if your business name is considered ‘distinctive’ when it passes the Maryland Business Express name availability search categories.
Can I file a name reservation application online in Maryland?
Yes, you can file a name reservation application online in Maryland.
Can I renew a name reservation application in Maryland?
Yes, you can renew a name reservation application in Maryland.
How long does it typically take to register a business name in Maryland?
You can register a business name in Maryland almost immediately if it is available and you submit the proper forms.
What if my Maryland business name application is rejected?
If your Maryland business name application is rejected, you will have to submit a new application with a new business name.
How long do I have after approval to register for my LLC or corporation in Maryland before the Maryland business name reservation expires?
You have 60 days after approval to register for your LLC or corporation in Maryland before the business name reservation expires.
Can I trademark a business name that is already in use in Maryland?
No, you cannot trademark a business name that is already in use in Maryland.
Can I check if a name is trademarked online in Maryland?
Yes, you can search for trademarks online through the United States Patent and Trademark Office’s trademark search database.
Can I change my type of business after the business name application was approved in Maryland?
Yes, you can change your type of business after the business name application was approved in Maryland.
What is the process for searching a business name on Maryland?
The process to search for a business name in Maryland is to access the Maryland Business Express database and utilize key search criteria.
When should I conduct a business name search in Maryland?
You should conduct a business name search in Maryland prior to registering your business with the state.
Do I need an EIN for a business name search in Maryland?
No, you do not need an EIN for a business name search in Maryland.
Can I get a replacement name reservation certificate in Maryland?
Yes, you can get a replacement name reservation certificate in Maryland if you lose it or if there is an error.
How do I choose the right name for my business in Maryland?
You should choose a business name in Maryland that aligns with your brand values, is unique, and ready for marketing.
Should I hire a lawyer to conduct a business name search in Maryland for me?
No, unless you do not feel confident in conducting a business name search yourself–it is not a difficult process.

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Conclusion

Conducting Maryland 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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