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Choosing a Name for your LLC, Corporation

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There are three main areas you need to be aware of when choosing a name for your LLC | corporation.
First, be sure that your chosen name is available for use as an LLC | corporation name in your state. Your LLC corporation name cannot be the same or deceptively similar to another LLC, corporation or other name registered in your state for use as a business. The state department that processes LLC, corporation and other legal entity formations will check to see if your chosen name is available for use as an LLC | corporation name. If not, your filing will be rejected. So, as an initial matter you should make sure your chosen LLC, corporation name is available in your state for use as an LLC | corporation name.
Second, if your LLC | corporation business is going to use a different name to associate the LLC | corporation business with which is different from the official name, these other names are typically known as an assumed name, a fictitious name, or a dba name depending on the state of formation of the LLC | corporation. If your LLC | corporation business is doing business under another name, the other name should be properly registered. Each state and each locality in every state has specific rules when it comes to registering an assumed name so please check first with your locality for the details.
Third, many LLC, corporation or other businesses will have a name (known as a "mark") that they use to promote the goods or services they are selling. This area is called trademarks and is governed by an entirely different body of law than LLC, corporation and business entity law and rules. Trademarks are governed by both federal trademark law and state trademark law. When it comes to using a mark to brand your products, you should seek the proper trademark advice to ensure you are not violating another's trademarks.
Just because an LLC | corporation name is available for use as a name for an LLC, corporation or other business entity, does not mean that you can automatically use the name to market your products or services. You need to be sure your name is in compliance with trademark laws as well.
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