Business Name Search in New York | A Comprehensive Guide


Steve Bennett
Steve Bennett
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Conduct a Business Name Search in New York

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

What is a Business Name Search?

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

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How to Conduct a Business Name Search in New York

Before knowing why a business name is necessary, you should now conduct a business name search in New York. 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 New York 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 New York Department of State Division of Corporations to access the entity search tool.

Step 2: Perform the Search

On the New York 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 New York, 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 New York

You now conducted a business search in New York. With what you have searched and listed, you will choose the most suitable business name for your New York 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 New York 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 New York 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 New York’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 New York, 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 60 days. You must file a name reservation application in the New York Secretary of State by mail or online filing to keep the name.

The New York 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 New York, 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 New York 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 New York 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 New York Department of State – Department of State Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Ave., Albany, NY 12231.

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

In New York, 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 New York

Before researching how to conduct New York 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 New York LLC, which distinguishes it from other businesses. It is a requirement when registering your New York LLC with the New York Secretary of State. This legal identity allows your New York 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 New York 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 New York 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 New York 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 New York 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 New York Secretary of State office. This may include filing formation documents, such as Articles of Organization 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 New York?
You can search for a business name in New York on the state’s Department of State website.
Can I do a business name search online in New York?
Yes, the Department of State website allows online searches.
Is it possible to search for business names by location in New York?
Yes, you can search for business names by county and city in New York.
What information do I need to perform a business name search in New York?
You need the business name or a part of it, and the county it’s located in (if you know it).
Does New York require businesses to register under a specific name format?
No, New York does not specify certain name formats businesses must use.
Can I reserve a business name in New York?
Yes, you can reserve a business name in New York for up to 60 days.
How do I reserve a business name in New York?
You can file an Application for Reservation of Name form with the Department of State.
Can I change a reserved name in New York?
No, you cannot change a reserved name in New York.
How do I perform a trademark search in New York?
You can search the United States Patent and Trademark Office database online.
Can I search for trademarks on the Department of State website?
No, the Department of State website does not provide trademark searches.
Are business names in New York case sensitive?
No, business names in New York are not case sensitive.
Can I add punctuation marks like commas to my business name in New York?
Yes, you can add punctuation marks in your business name in New York.
Can symbols or numbers be used in business names in New York?
Yes, you can include numbers and symbols in your business name in New York.
What should I do if I find a name I want to use that is already registered in New York?
You must choose a different name for your business.
Can I register a name that is similar to another business name in New York?
No, you cannot register a name that is too similar to an existing business name in New York.
Can I register a name that sounds like another business name in New York?
No, you cannot register a name that sounds too similar to an existing business name in New York.
How much does a business name search cost in New York?
A business name search costs $5 per search in New York.
How long does it take to complete a business name search in New York?
A business name search is usually completed within minutes in New York.
How do I file a business name registration in New York?
You can fill out the Certificate of Assumed Name form and file it with the Department of State.
What does a business name registration in New York ensure?
A business name registration in New York ensures that no one else can use the same name for their business.
Can I cancel a business name registration in New York?
Yes, you can cancel a business name registration in New York by filing a Certificate of Discontinuance of Business.
How long does a business name registration last in New York?
A business name registration lasts for five years in New York.
Can a business name registration be renewed in New York?
Yes, a business name registration can be renewed in New York.
What happens if I do not renew my business name registration in New York?
Your business name will no longer be protected and can be used by other businesses in New York.
Can I check the status of my business name registration in New York online?
Yes, you can check the status of your business name registration on the Department of State website.
Can I change my business name in New York?
Yes, you can change your business name in New York, but you must file a Certificate of Amendment with the Department of State.
Can I transfer my business name registration to another business owner in New York?
Yes, you can transfer your business name registration to another business owner by filing a Certificate of Assignment with the Department of State.
What is a DBA in New York?
DBA stands for “Doing Business As” and refers to a business operating under a name that is different from its legal name.
Do I need a DBA in New York?
You need a DBA in New York if you’re operating a business under an assumed name.
What should I do if my preferred business name has already been taken in New York?
You will need to choose a different name.
How can I search for a business name in New York?
You can search online on the New York State Department of State website.
Is there a fee for conducting a business name search in New York?
Yes, there is a fee for conducting a business name search in New York.
Where do I go to conduct a business name search in New York?
You can conduct a business name search online on the New York State Department of State website.
Can I conduct a business name search in person in New York?
Yes, you can conduct a business name search in person at the New York State Department of State.
How long does it take to conduct a business name search in New York?
It usually takes a few minutes to conduct a business name search in New York.
Do I need to be a New York resident to conduct a business name search in New York?
No, you do not need to be a New York resident to conduct a business name search in New York.
What information do I need to conduct a business name search in New York?
You will need to know the business name you are searching for.
Can I save my searches on the New York State Department of State website?
Yes, you can save your searches on the New York State Department of State website.
How do I register my business name in New York?
You can register your business name online on the New York State Department of State website.
What types of businesses need to register their name in New York?
All businesses must register their name in New York.
What is an assumed name in New York?
An assumed name is a name that a business operates under that is different from its legal name.
Can two businesses have the same name in New York?
No, two businesses cannot have the same name in New York.
What are the fees associated with registering a business name in New York?
The fees vary depending on the type of business and the type of registration required.
How do I know if my business name is available in New York?
You can search for your desired business name on the New York State Department of State website.
Can I check the availability of a business name by phone in New York?
No, you cannot check the availability of a business name by phone in New York.
What happens if I do not register my business name in New York?
You could face fines or legal action if you do not register your business name in New York.
How long is a business name registration valid in New York?
A business name registration is valid in New York for five years.
How can I change my business name in New York?
You can file a name change form with the New York State Department of State.
Can I register my business name with both the state and local government in New York?
Yes, some areas in New York require a local registration as well as a state registration.
How long does it take for a business name to be registered in New York?
It usually takes a few days for a business name to be registered in New York.
How long does a business name reservation last in New York?
A business name reservation in New York lasts for 60 days.
Do I need a lawyer to register my business name in New York?
No, a lawyer is not required to register a business name in New York.
What types of business names cannot be registered in New York?
Business names that are already registered or violate state laws cannot be registered in New York.
Can I register multiple business names in New York?
Yes, you can register multiple business names in New York.
Can I trademark my business name in New York?
Yes, you can trademark your business name in New York.

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Conclusion

Conducting New York 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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