Key Takeaways

  • A Delaware name reservation (DE name reservation) holds a desired business name for 120 days before formal incorporation.
  • Reservation is optional but useful if formation will be delayed or if you want to secure a name before finalizing business details.
  • The reservation fee is $75 and is non-refundable and not applied toward incorporation costs.
  • Name availability checks should include state records, domain name searches, and USPTO trademark searches to avoid conflicts.
  • While reservation provides exclusive rights for a limited period, it does not grant trademark protection or permanent ownership.
  • Alternative strategies—such as forming a business immediately or filing a “doing business as” (DBA) name—can sometimes be more efficient.

Delaware name reservation entitles a company to a unique business name that can then be registered as a trademark for purposes of formation, contract, proprietary ownership of product development and service innovation, royalties, as well as marketing. By reserving a name, an entity can reduce the time to register as a C-corporation or LLC (“limited liability company”) with the Delaware Secretary of State.

Are There Any Laws Regarding the Name for a Delaware Company?

General guidelines for registering a Delaware company name:

  • The name must contain only English or Roman numerals.
  • Phonetic spelling, plural forms, abbreviation, the suffix of the same word, or the use of punctuation does not distinguish a company name.
  • Modification of a company name requires a fee payment and filing of an amendment to an entity's formation documents with the Secretary of State.

What Are Exclusive Rights to a Delaware Company Name?

The individual reserving the company name for a Delaware business holds the exclusive rights to the use of that name. Pursuant to Title 6 De. C. Chapter 31 § 3101 and § 3103, all company names must also be registered with the county where the business will be operating. This rule applies during formation of a Delaware Corporation or LLC and afterward in the contract exercise and operations of trade in the state.

Naming Conventions

The Delaware Secretary of State recognizes common naming conventions when registering a company. A name combining the title of a company with a suffix corresponding to a type of tax registered entity is a valid Delaware company name. LLC may also be listed as L.L.C., and a corporation as Inc., Corp., Co. or Company, or Ltd. Nonprofit organizations are often associated a “Club,” “Foundation,” “Fund,” “Institute,” or “Society.”

Similar Names

Registrants electing to name a company a similar business name as an existing entity can create an original name with a unique or distinguishing word addition at the beginning or end of the title. Change of suffix does not adequately alter a name to register it as a new name.

Name Reservations

The office of the Delaware Secretary of State registers and maintains the records of all business names in the state. This includes all C-corporations, S-corporations, LLCs and other registered entities that have a record of the reserved name, and foreign entities operating in Delaware. Standard processing time for a new Delaware company name reservation is about 15 days. Name reservation is valid for 120 days. Fees are $75, payable to the Secretary of State.

When to Consider a DE Name Reservation

Reserving a business name in Delaware is not legally required, but it can be a strategic step depending on your situation. A DE name reservation is particularly valuable if:

  • Your business launch is delayed. If you’re still finalizing your business plan, securing funding, or preparing documents, reserving a name ensures no one else takes it during that time.
  • You want to protect branding early. Entrepreneurs often reserve a name to align with future trademark filings, marketing campaigns, or domain name registrations.
  • You’re forming multiple entities. If you’re unsure which type of entity (e.g., LLC or corporation) best fits your goals, reservation keeps your preferred name available until you decide.
  • You’re waiting for regulatory approval. Some industries require state or federal licenses before incorporation. A reservation can hold your name while those applications are processed.

The Disadvantage of a Name Reservation

The fees for name reservation are non-refundable and non-applicable towards the cost of the company registration. Modification of a name reservation can delay the approval process.

Alternatives to Name Reservation

While a DE name reservation is useful in many cases, it isn’t always necessary. Alternatives include:

  • Immediate Formation: If you’re ready to incorporate, filing your Certificate of Incorporation or Certificate of Formation immediately secures the name without a separate reservation.
  • Using a DBA: If your desired name isn’t available, you might still operate under a different registered legal name and use your preferred name as a “doing business as” (DBA) designation.
  • Registering in Another State: If your chosen name is unavailable in Delaware but available elsewhere, forming in another state and registering as a foreign entity in Delaware may be an option.

Keep in mind that reserving a name doesn’t grant trademark rights. If you plan to protect your brand nationally, you should also file for federal trademark registration with the USPTO.

How to Perform a Business Name Search

Performing a business name search is advisable. Name search should include the entity type. For instance, partnerships may opt for being registered as LLC or GP (“general partnership”), LP (“limited partnership”), or LLP (“limited liability partnership”).

How to Reserve a Delaware Business Name

The Delaware Secretary of State offers a straightforward process for reserving a business name:

  1. Conduct a name search on the Division of Corporations website to confirm availability.
  2. File a Name Reservation Application online or by mail.
  3. Pay the $75 fee (non-refundable).
  4. Receive confirmation—once approved, your name will be reserved for 120 days.

Reservations cannot be renewed, but you can submit a new reservation request if the name becomes available again. Many business owners time their reservation strategically to ensure they complete incorporation before the 120-day period ends.

Is the Name Available for Registration and Use as a Trademark?

The U.S. Patent and Trademark Office (USPTO) allows same-named trademarks to coexist unless consumer confusion prevents it.

Is the Name Available in Your State of Incorporation?

In contrast to the USPTO, the Delaware Secretary of State's office prohibits same-name conflicts, even if a registrant is part of a totally unrelated industry from a previously registered company.

Is Your Name a Viable Trademark?

A trademark ties a company name to the marketing, contract value, and sale of goods or services in the marketplace. Viable trademarks are those with unique and properly registered names. Name or internet domain registration with the Secretary of State does not automatically confer trademark rights.

Protecting Your Reserved Name Beyond Delaware

While DE name reservation gives you exclusive rights to the name within the state for a limited time, it does not protect the name nationwide. To build broader legal protections:

  • File a trademark with the U.S. Patent and Trademark Office (USPTO) to secure federal rights.
  • Register matching domain names and social media handles to protect your brand online.
  • Monitor state filings for similar names or marks that could create confusion.

These additional steps help ensure your brand identity remains unique and enforceable beyond the state of Delaware.

Name Availability

The Secretary of State maintains a database of:

  • Names of corporations, GP, LLC, LP, and LLP (“Covered Entities”) in good legal standing
  • A list of entities qualified to perform intrastate business transactions
  • Reserved corporate names
  • A list of entities registered with the USPTO
  • Names of qualified foreign or domestic corporations operating in the state

Frequently Asked Questions

  1. How long does a DE name reservation last?
    A Delaware name reservation is valid for 120 days from the date of approval.
  2. Can I renew a name reservation in Delaware?
    No, you cannot renew it. Once it expires, you must re-file a new reservation if the name is still available.
  3. Does reserving a name give me trademark protection?
    No. Reservation only provides exclusive use of the name within Delaware for 120 days. Federal trademark rights require filing with the USPTO.
  4. Can I change the reserved name later?
    Yes, but you’ll need to submit a new reservation and pay the fee again since changes require a new filing.
  5. Is reserving a name necessary to form a company?
    Not always. If you’re ready to incorporate immediately, you can skip the reservation process and secure your name when you file your formation documents.

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