So, you’re a UK entrepreneur with your sights set on Delaware! Whether you’re expanding your business into the US or starting a new venture in the First State (as Delaware is often called), one of your first tasks is making sure your chosen company name is available. Delaware is a popular destination for company formation due to its business-friendly laws, but before you start drafting your plans, it’s important to know how to check if your name is up for grabs.
Luckily, Delaware makes it relatively easy to find out if your business name is available. Here’s everything you need to know to get started!
Why Delaware?
First, let’s quickly touch on why Delaware is such a popular state for company formation. Delaware offers:
- Business-friendly laws: Delaware’s legal framework is designed to protect businesses and make it easier to operate, especially for companies in the tech, finance and e-commerce sectors.
- Privacy: Delaware does not require directors or officers to be listed in public records, which is great for entrepreneurs who want to keep things low-key.
- Tax advantages: Delaware doesn’t charge state-level corporate income taxes for businesses that are formed in the state but operate elsewhere.
Now that you know why Delaware is such a great place to set up shop, let’s dive into how to check if your company name is available.
Step 1: Understand Delaware’s Naming Rules
Before you check if your name is available, it’s essential to know Delaware’s naming rules to ensure your company name complies with state regulations. Here are some key things to keep in mind:
1. Unique Name
Your company name must be distinguishable from all other registered businesses in Delaware. This means it cannot be identical or too similar to an existing name.
2. Entity-Specific Requirements
Depending on the type of business entity you’re forming (Corporation, LLC, etc.), there are specific words or abbreviations that must be included in the name:
- Corporations: Must have “Corporation,” “Company,” “Incorporated,” or an abbreviation like “Corp,” “Co,” or “Inc.”
- Limited Liability Companies (LLCs): Must include “Limited Liability Company” or the abbreviation “LLC” or “L.L.C.”
3. No Restricted Words
Delaware has a list of restricted words you can’t include in your business name unless you meet certain legal requirements or obtain permission. These can include terms like “bank,” “insurance,” and “university.” Make sure you check this list before you get too attached to a name.
Step 2: Use Delaware’s Online Name Search Tool
Once you’re clear on the rules, the next step is to check if your business name is available. Delaware offers an easy-to-use online tool for this. Here’s how to use it:
1. Visit the Delaware Division of Corporations Website
Head over to the Delaware Division of Corporations website. This is where you can access the name search tool and get started with checking if your name is available.
2. Search for Your Name
- On the website, you’ll find a “Name Reservation” or “Business Entity Search” section.
- Simply type in the name you have in mind (or a key part of it) and click search.
- If the name is already taken, it will show up in the search results, and you’ll need to come up with an alternative. If nothing comes up, it’s likely that the name is available!
3. Pay for a Name Reservation (Optional)
If your name is available and you’re ready to reserve it, Delaware allows you to reserve the name for up to 120 days for a small fee (usually around $75). This isn’t required but can give you peace of mind if you’re not ready to officially register your business yet.
Step 3: Check for Trademarks
Just because your business name is available in Delaware doesn’t mean it’s free from trademark issues. You’ll want to check for existing trademarks to make sure you don’t accidentally infringe on someone else’s intellectual property.
- USPTO Search: Use the U.S. Patent and Trademark Office (USPTO) website to search their trademark database. This will show you if anyone has already trademarked a name that’s similar to the one you want to use. If there’s an existing trademark on the name, you might have to come up with a new one or face potential legal challenges down the line.
Step 4: Local Considerations (DBAs)
If you’re planning on operating locally in Delaware (or in certain counties), you may also need to check for “Doing Business As” (DBA) names. A DBA is any name under which your business operates that isn’t its official legal name.
- County Clerk’s Office: Depending on where in Delaware you plan to operate, you might need to file a DBA with the local county clerk’s office. Each county in Delaware may have different requirements, so check with your local office if you’re planning to operate under a name different from your legal business name.
Step 5: Consult a Delaware Business Lawyer (Optional)
While Delaware makes it easy to check business name availability online, if you’re unsure about any of the legal requirements or want to be extra cautious, it’s always a good idea to consult with a Delaware business lawyer. They can help ensure your business name complies with all state laws, check for trademark conflicts and assist with the registration process.
Tips for Choosing the Right Business Name
- Keep It Simple & Memorable: A business name that’s easy to pronounce, spell and remember will help you build a stronger brand identity.
- Check Domain Name Availability: In today’s digital world, securing a matching domain name for your business is key. Make sure your business name is available as a .com (or other relevant domain extension) so you can create a professional online presence.
- Stay Flexible: If your first choice isn’t available, don’t be discouraged. You can always tweak the name slightly, add a location or incorporate a relevant keyword that reflects your business.
Conclusion
Checking your company name availability in Delaware is an essential first step when setting up a new business. Fortunately, the process is straightforward, thanks to Delaware’s online tools and the helpful information provided by the Division of Corporations. By following these steps and making sure your business name is both unique and legally compliant, you’ll be one step closer to launching your business in the US.
Good luck with your Delaware venture – it’s a great place to build your business, and I’m sure you’ll do great things!
Related reading:
Check if a company name is available in the UK
How to Check Company Name Availability in Texas