How to Conduct a Name Search and Reserve a Name for Your Company in the USA?
Introduction
Establishing your brand identity begins with choosing the ideal name for your company in the USA. However, you have to conduct a name search first and reserve the name to make sure it is available and complies with American laws before you can formally use it for your company. In this article, we’re going to guide you through the procedure of searching for a name for your company in the USA and reserving it.
Are You Required To Register Your Business?
Depending on your industry and place of operation, you may or may not need to register. Businesses, including limited liability organizations (LLCs), partnerships, and corporations, must frequently register with the secretary of state or another appropriate state office. On the other hand, sole proprietorships frequently do not require business registration.
How to Select a Company Name?
You can use the parent company’s name or add “USA” if your new business will be a subsidiary of a foreign parent company. You must select a new name if your US company will be independent. The founders must consider what they want to call their new firm because choosing a name is a very personal decision. A name can be changed at a later time, but doing so involves a lengthy and expensive process that involves filing an amendment, contacting your vendors and clients, and updating all of your stationery, websites, and advertising.
When naming your new business, use your imagination. Be imaginative and original when naming your business as it cannot be identical to another name that already exists on the state register. You need to offer more than one name because there are many names in use (your first or second pick might not be available). Make a list of potential names, then pick your top three to five.
How to Conduct a Name Search?
It’s essential to conduct a name search to ensure it’s available and compliant with the regulations in the United States.
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Conducting a Name Search:
To prevent disputes with already-existing companies, it’s important to confirm a name’s availability before reserving it for your business. To conduct a thorough name search, adhere to these steps:
- Visit the Secretary of State Website: Each state has its own Secretary of State website where you can find information on business registrations. Locate the business entity search tool on the website.
- Use the Search Tool: Enter the desired name into the search tool and check for any matches or similar business names. Pay attention to variations in spelling, punctuation, or word order.
- Check the Name Restrictions: Familiarize yourself with any naming restrictions or guidelines specified by the state. Some words may require special permission or be prohibited altogether.
- Check the Trademark Database: Search the U.S. Patent and Trademark Office’s online database to ensure your chosen name does not infringe upon any existing trademarks.
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Reserving Your Company Name:
It’s time to reserve the name you want once you’ve verified that it’s available. The procedure for making reservations may differ significantly from state to state, but the general processes are as follows:
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Complete the Name Reservation Form: Visit the website or office of your state’s secretary of state to obtain the name reservation form. Submit the form completely, including your contact information and the chosen name.
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Pay the Reservation charge: In most states, there is a nominal fee associated with reserving a name. Ensure you submit the required payment along with your application. Online transactions, checks, and money orders are all acceptable payment methods.
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Submit the Form: Once you have filled out the form and made the payment, apply as per the instructions provided by your state’s Secretary of State office. Usually, you can do this in person, via mail, or online.
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Duration of Name Reservation: Typically, name reservations are valid for a specific period, ranging from 30 days to 120 days, depending on the state. Make a note of the expiration date to ensure you complete the necessary steps for business registration within the reservation period.
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Registering Your Company:
Reserving a name is a temporary measure and does not provide complete legal protection. To establish your company fully, you will need to follow the registration process outlined by your state’s Secretary of State office. This usually involves submitting the necessary forms, paying the registration fees, and providing additional information about your company.
Conclusion
Conducting a name search and reserving your company name is a vital step in the process of starting a business in the USA. By following the guidelines provided by your state’s Secretary of State office, you can ensure that your chosen name is available and complies with the regulations. Take the time to perform a thorough name search and complete the name reservation process accurately to avoid any future conflicts or legal issues. By securing a unique and distinctive name for your company, you lay the foundation for a strong brand identity in the business world.
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