If you’re searching for the perfect business name for your Delaware C Corporation, we can help. We’ve got all the information you need on how to conduct a Delaware SOS business search, plus business naming rules, fictitious names and trademarks.
General Rules for Corporation Names
General Rules for Corporation Names These rules generally apply to all corporations, wherever they're formed.
The name you choose cannot be in use by any other business in the state. This is why it's so important to perform a Delaware business name search before you begin your incorporation paperwork.
It’s not enough for your corporation name to be unique. It also cannot be similar to the name of another business in the state. In addition, you cannot use any of the following features in an attempt to differentiate your corporation name from that of another business:
- Suffixes, such as Corporation, Company, Incorporated, Incorporation, Limited, Corp., Co., Inc., etc.
- Definite articles, such as “A,” “An” or “The”
- The conjunction "And" or “&"
- Numbers in place of numerals (or vice versa), e.g., "One World" is the same as "1 World"
- The singular, plural or possessive forms of words
- Abbreviations, punctuation, symbols, fonts, typefaces, etc.
All corporations must use one of the following in their names, usually at the end of the name: “Incorporated,” “Corporation,” “Limited” or their abbreviations.
Most states will not allow you to incorporate with names that:
- Are similar to the name of a federal or state agency or organization (e.g., FBI, FDA, Delaware Department of Labor, Delaware Rangers, Treasury, etc.)
- Suggest affiliation with a federal or state agency or organization
- Use the term “Olympic” or any terms that are trademarks of the International Olympic Committee
- Imply a purpose that would be illegal for your business to carry out
Specific Rules for Delaware Business Names
In addition to the general rules listed above, you'll need to follow some Delaware corporation laws that apply to naming your business.
For example, per the Delaware Code Title 8, Chapter 1, Subchapter 1, § 102, the name of a corporation:
shall contain 1 of the words “association,” “company,” “corporation,” “club,” “foundation,” “fund,” “incorporated,” “institute,” “society,” “union,” “syndicate,” or “limited,” (or abbreviations thereof, with or without punctuation);
shall not contain the word “trust,” and (iv) shall not contain the word “bank,” or any variation thereof, except for the name of a bank reporting to and under the supervision of the State Bank Commissioner of this State or a subsidiary of a bank or savings association
Coming Up with the Ideal Business Name
The perfect business name can be difficult to choose. We have a complete guide to finding the right business name, but essentially, you'll want to choose a name that will:
Appeal to your customers
Be memorable enough to stand out
Best represent your product or services
Not be used by another business
Need help coming up with business name ideas? Try our free name generator.
Delaware Corporation Search
Once you have an idea of the name you want, perform a Delaware business name search to make sure another company isn't already using that name.
You can use the state's online portal to perform a name search.
You can also use our simple and convenient Business Name Search Tool, which will search the state's business registry for you.
Trademarks and Service Marks
You must be careful that your Delaware corporation name doesn't infringe on the trademark or service mark of another business. The easiest way to ensure you're not infringing is to perform a trademark search through Incfile. You can even register it yourself if the trademark isn't already in use.
Let Incfile run a trademark search for you.
Register a DBA in Delaware
You may do business under a name different from your corporation's legal name. While many states refer to this as an assumed name, trade name or "doing business as" (DBA), it's a fictitious name in Delaware. You may decide to use a fictitious name for a variety of reasons.
For example, your primary business may be called Sunny Hospitality, Inc., and you have a chain called Sunny Catering. You could register a fictitious name just for that brand. You'd do that by registering your fictitious name with the Prothonotary’s office in the county in which you are doing business. You may download the required form from the Delaware Courts website, or you can have Incfile do it on your behalf with our DBA service.
In order to keep your business names unique, you can also use the Delaware business entity search. You can perform a Delaware fictitious name search to find out whether any other companies are already using the fictitious name you want.
Note: A trade name is not the same as a trademark. Learn more about trademark vs. DBA.
Register Your Business Name with the Delaware Sec State
You’ve performed a DE Secretary of State business search, checked availability, followed the naming rules and determined whether you need a fictitious name. Now you can register your corporation name in one of two ways.
If you don’t want to form your corporation right away, you can reserve the business name. You'll do this by submitting an Application for Reservation of a Corporate Name form and filing it with the Delaware Sec State. The name will be reserved for 120 days. You don't need to reserve a name if you're starting your business right away.
If you’re ready to start your corporation, you can indicate your chosen business name when you file your Certificate of Incorporation with the Delaware Sec State. Or you can have Incfile do this for you.
Create a Corporation in Delaware for $0 + State Fee ($89)
FAQs About Naming Your Corporation in Delaware
Use our free Business Name Search Tool and enter your chosen business name. You can also perform a search of the state's registry, which will tell you whether any other corporations or LLCs in the state are already using that name.
Yes. Most corporations will be bound by general rules (applicable to all corporations) and specific rules (applicable in the State of Delaware). We’ve detailed these rules above.
Yes. In Delaware you can conduct business under a fictitious name. Details are above.
Yes. The Delaware Sec State allows you to reserve a name if you're not ready to start your business immediately. Details are above. If you do want to start your business right away, you don't need to reserve a name.
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