How to Choose a Business Name

Why a Good Business Name Matters

A good business name does more than identify your company. It also helps shape how customers perceive your brand. A clear, distinctive name can make your business easier to recognize and recommend, while also communicating something about what you offer. A name that is easy to spell and pronounce may be easier for customers to search for and associate with your products. Choosing a name that is flexible enough to grow with your business can also help you avoid unnecessary rebranding later.

Just as importantly, your business name must meet Delaware's legal requirements. Taking the time to choose carefully can help you build a stronger brand while reducing the risk of naming issues after your business is formed.

Choosing a Unique Business Name

Your business name must be distinguishable from all other business names registered or reserved in Delaware. The Delaware Secretary of State acts strictly as a registry and does not evaluate whether a name might be "confusingly similar" to consumers. While exact matches are rejected, you can successfully register a name that is very similar to an existing one by making minor substantive additions.

• Exact Matches are Rejected - Using the exact same name as another business on file is strictly prohibited.
• Different Suffixes are Rejected - Changing the suffix (Corp., LLC, Inc.) doesn't automatically make a name unique.
• Similar Names are Accepted - Unlike many other states, Delaware allows names that are similar to existing businesses. Adding a single word, geographic location, or Roman numeral is often sufficient for state approval.

While Delaware's low standard for approval makes it easy to register a similar name, doing so does not protect you from federal trademark infringement lawsuits if the original company decides to protect its brand. To ensure uniqueness, you can conduct a business entity search in the early stages of the planning process. Based on the results, you can consider other names, brainstorm name variations, and check their availability.

Name Endings and Abbreviations

Your company suffix is another important part of choosing a business name that needs to follow a specific list of guidelines. Depending on whether you're creating an LLC, corporation, or any other type of business entity, there will be entirely different guidelines for when you choose a company suffix.

If you're naming a Delaware LLC, you'll need to include one of the approved suffixes:

• LLC
• L.L.C.
• Limited Liability Company

Delaware corporations must contain one of the corporate endings below, or abbreviations thereof, with or without punctuation. For example, 'Inc.' (with period) and 'Inc' (without period) are both permitted company suffixes. Words that are recognized as corporate endings in other countries can also be used in your Delaware company name.

• Association
• Company
• Corporation
• Club
• Foundation
• Fund
• Incorporated
• Institute
• Limited
• Society
• Union
• Syndicate

If the name of your corporation contains words from any language other than English, you must submit an English translation of the name upon filing. For example:

• Sociedad Anónima (S.A.) which basically translates into "public company" or "corporation," is often used in countries such as Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, the Marshall Islands, Mexico, Panama, Paraguay, Peru, Poland, Portugal, Spain, Uruguay, and the Virgin Islands.
• Société Anonyme is the version often used by companies in Belgium, France, Switzerland, and Luxembourg.
• Aktiengesellschaft or Akteingesellschaften (AG) for publicly traded companies or corporations is often used in Germany and Austria.

A Delaware public benefit corporation has some additional options beyond the standard company suffixes for corporations. These include:

• Public Benefit Corporation
• PBC
• P.B.C.
• any of the Delaware corporation endings mentioned above

Delaware Naming Restrictions

Delaware, similar to other states, has restrictions on certain words and phrases that cannot be used in a company name without prior approval.

Corporations

When choosing a business name for your Delaware corporation, it cannot contain the words "bank," "trust," "university," or "college," unless you get pre-approval from the Delaware Banking Commissioner or the Delaware Secretary of Education.

Your corporation's name cannot contain any words that may, in the judgment of the Delaware Secretary of State, be degrading, vulgar, or unacceptable. The Secretary of State has full veto power over any name deemed unacceptable.

Your corporation's name must not be the same as any other company name that is formed or reserved in the state of Delaware. However, even the slightest variation can qualify. If you want to form a corporation using all the words in another company's name, you can simply add a Roman numeral or another word to make your name unique.

Limited liability companies

When choosing a business name for your Delaware LLC, it must not contain the word "bank" or any variation thereof without prior approval of the Delaware Banking Commissioner. It cannot contain a word that purports to do banking business that might mislead the public, in the judgment of the Secretary of State. The same goes for choosing a business name that implies you are a law office or medical facility.

Your LLC name cannot contain any words that may, in the judgment of the Secretary of State, be degrading, vulgar, or unacceptable. The Secretary of State has full veto power over any name deemed unacceptable.

Your LLC name must not be the same as any other company name that is formed or reserved in the state of Delaware. However, even the slightest variation can qualify. If you want to form an LLC using all the words in another company's name, you can simply add a Roman numeral or another word to make your name unique.

Domain & Social Media Availability

Before settling on a Delaware business name, consider whether a matching or closely related website domain and social media handles are available. Even if your preferred name meets Delaware's legal requirements, using it may be more difficult from a branding perspective if another company already controls the most relevant domain name or usernames.

Start by searching for a domain that is simple, memorable, and closely connected to your business name. Your domain does not have to match your legal business name exactly, but keeping the two similar can make it easier for customers to recognize and find your brand online. It is also helpful to check major social media platforms for available usernames. Using the same or similar handle across platforms can create a more consistent brand presence and reduce confusion for customers.

Before you finalize your company name, make sure you can buy a high-quality domain name to go hand-in-hand with your launch. Your URL address should be close to your company name or highly relevant in your vertical so your customers can easily find you online.

Business Name Reservation

If you have a company name in mind, but aren't quite ready to get started on the formation process, you can still reserve your business name in the meantime. A name reservation can prevent another business from taking the name while you finalize business plans or complete other startup tasks.

The Delaware Division of Corporations allows businesses to reserve an available entity name for 120 days. You can reserve a business name online through their website. Depending on the entity type, a reservation may also be renewed for additional 120-day periods when the applicable requirements are met.

Reserving a name is optional, but doing so guarantees that the name will be held for you during the reservation period.