How to Check Incorporation Names
Checking incorporated business names is a necessary step before incorporating a company. Most states prohibit two incorporated businesses from sharing a similar business name. Furthermore, using the same business name as another incorporated business may lead to a lawsuit for business name infringement. Checking incorporation names before filing incorporation documents with the state increases the likelihood that your company’s formation documents will be accepted on the first try.
1. Check the incorporation name with the state where the corporation will organize. Many states allow corporations to check business name availability on the Department or Secretary of State’s website. In other instances, checking incorporation names may be accomplished by calling the Secretary or Department of State’s office where the corporation will form.
Provide the representative with the proposed corporation names to confirm name availability. In states like New York, you’ll have to send a written request to check incorporation names with the New York Department of State. In most cases, checking incorporation name availability may be accomplished free of charge, but states like New York may charge a fee. For example, the state of New York charges a fee of $5 for every name listed in the written request.
2. Conduct a search of incorporation names with the United States Patent and Trademark Office website. Log onto the USPTO website to determine if a corporation has federally registered the proposed business name for your corporation. In other instances, incorporation names may be checked in person by visiting the United States Patent and Trademark office. The U.S. Patent and Trademark Office allows a business or individual to check incorporation names free of charge.
States Patent and Trademark Office
600 Dulany St., Room 00/B83
Alexandria, VA, 22314
3. Contact the city or county clerk’s office where the corporation will organize. Checking incorporation names with the city or county clerk’s office will be of use when a corporation has chosen to operate under a fictitious business name, also known as an assumed business name, as opposed to using the legal name of the corporation.
Rarely will a corporation choose to operate using an assumed business name, but it does occur from time to time. Normally a corporation will operate under its legal name which is listed in the company’s articles of incorporation. Corporations may use a fictitious business name instead of the company’s legal name.
In most cases, checking incorporation names with the city or county clerk’s office may yield business names of unregistered companies that are smaller in size. You should avoid using a business name that appears in the city or county clerk’s assumed name registry. In most instances, a search of incorporation names may be conducted with the city or county clerk’s office free of charge.
4. Type the proposed business name in a search engine. This search will help determine if another unregistered business is using the proposed name for your corporation. You should use more than one search engine to conduct a thorough Web search for incorporation names.
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