Most rejected company names fail for dull reasons: the name is already on the register, the suffix is missing, or it uses a word the state restricts. Each one means filing again and waiting again. The rules are short and checking takes a few minutes. Here they are for Wyoming and Delaware, and most states are similar.
The suffix
The name has to show what kind of company it is. Wyoming accepts Limited Liability Company, LLC, L.L.C., Limited Company, LC and L.C., along with a few shortened forms such as Ltd. Liability Co. Delaware accepts Limited Liability Company, L.L.C. and LLC. A corporation uses a word such as Corporation, Incorporated or Company, or its abbreviation. The suffix is part of the legal name and goes on every document, but you can trade under a shorter name by registering a trade name.
Different from every name on the register
Your name has to be distinguishable from every name already on the state's register, active or reserved. The test is literal: a different suffix, punctuation, spacing or capitalisation doesn't count. Acme LLC and Acme, L.L.C. are the same name, while Acme Labs LLC is a different one. The state makes the call when the filing arrives, not before.
Words that need approval
Words that suggest a regulated activity need the regulator's consent. They include bank, trust, insurance and underwriter; university, college and academy; licensed professions such as engineer, architect and attorney; and anything that sounds like a government body. Our order form flags these as you type, so you can drop the word or get the approval before you file.
Checking before you file
Both states have a free online search: the Wyoming Secretary of State's business search and the Delaware Division of Corporations' entity search. Search for the distinctive part of your name without the suffix, and look for anything the state might treat as the same. Neither state gives a binding answer in advance. The search shows what's on the register today, and the state decides when your filing arrives.
Reserving a name
If you're not ready to file, both states will hold a name for 120 days: Wyoming for $60 and Delaware for $75. Most founders simply file instead, because the filing secures the name for as long as the company exists and costs little more.
A company name isn't a trademark
Forming an LLC puts the name on one state's register and nothing more. It doesn't stop a business in another state from using the same name, and it gives you no rights in the brand. A federal trademark registration from the USPTO does, for the goods or services it covers, and Amazon Brand Registry and most marketplaces rely on registered trademarks. Search the USPTO's trademark database before you settle on a brand, because a name that's free in Wyoming but already a trademark is one you may have to give up.
Choosing a good name
- Distinctive enough to be available and easy to find. Two common words are usually taken; an invented word usually isn't.
- Spelled the way it sounds, because you'll read it out to banks and clients.
- With a .com, or another domain you're happy with, checked the same day.
- Not tied to one product or one country, unless you want it to be.
- With two backups, in case the first is taken.