Key Takeaways

  • LLC naming rules require your business name to include specific terms like “LLC” or “Limited Liability Company” and to avoid misleading words such as "bank" or "insurance."
  • The name must be distinguishable from existing businesses registered in the state where you are forming your LLC.
  • Conduct name availability checks at both the state level and with the U.S. Patent and Trademark Office (USPTO) to avoid trademark infringement.
  • Consider branding factors like memorability, clarity, and domain name availability when choosing an LLC name.
  • Understand the difference between an LLC's legal name and a "Doing Business As" (DBA) name, and the process for registering a DBA if applicable.
  • Certain words may require additional licensing or approval (e.g., “engineer,” “architect,” “doctor”).
  • Using keywords related to your products or services in the LLC name can help with online visibility.

LLC naming is an important step in starting a business. The name will define the company's identity and distinguish it from competitors. Choosing a name isn't just about what is catchy and clever; it also requires you to meet the state LLC regulations and federal trademark regulations. The name should also present the company in an appropriate and professional manner that future business clientele will appreciate. An LLC, or limited liability company, is one of the most popular ways to structure a new business.

LLC Name Requirements and Restrictions

State laws will vary on some name requirements for an LLC. However, some commonalities that appear in all states include:

  • The name must indicate it is an LLC. This can be the full name of a limited liability company or a form of the abbreviation.
  • Abbreviations that are allowed include "LLC," "L.L.C.," "L.C.," "LC," "Ltd," and "Co." for company. Check with your state to confirm the version you choose is allowed.
  • The name cannot be confused with another company and must be easily distinguishable.
  • The name must not be intentionally close to another company name.
  • The name must be unique.

It is important to note that certain types of businesses cannot form as an LLC, including insurance companies and banks. LLC names cannot include the word "bank" or "insurance" because of this restriction. Some states do not allow the name to include words that are:

  • Seen as obscene.
  • Present an untruthful association with any government entity.
  • Encourage illegal activity.
  • Blocked by state law to be used with a business.

Once a name is chosen, the first step is to check that another business is not using it. To check if the business name is already in use, most states offer a free search option through their state website. A search should also be completed online through the U.S. Patent and Trademark Office to confirm the name does not violate any existing registered business trademarks. Unregistered trademarks of company and product names, which can be searched for through The Thomas Register, are also protected.

Tips for Choosing the Best LLC Name

Choosing the right LLC name goes beyond meeting legal requirements. Consider these best practices to select a name that enhances your brand:

  • Make It Memorable: Choose a name that is easy to pronounce, spell, and remember.
  • Keep It Simple: Avoid overly complicated names or acronyms that confuse potential customers.
  • Include Keywords: Use words that describe your products, services, or industry to help with SEO and customer recognition.
  • Future-Proof Your Name: Choose a name that allows for business growth without limiting your offerings.
  • Test the Name: Get feedback from potential customers, friends, and family before finalizing your choice.

How to Conduct an Effective LLC Name Search

Checking name availability is a crucial step before registering your LLC. Follow these steps to ensure your name complies with LLC naming rules:

  1. Search the State Business Database:
    Visit your secretary of state’s website to perform a name availability check. Many states offer free online search tools.
  2. Check the USPTO Trademark Database:
    Conduct a search through the U.S. Patent and Trademark Office’s (USPTO) Trademark Electronic Search System (TESS) to ensure the name is not federally trademarked.
  3. Check for Common Law Trademarks:
    Use business directories, online searches, and The Thomas Register to identify unregistered trademarks.
  4. Check Domain Name Availability:
    Securing a matching domain name can support your brand identity. Check platforms like GoDaddy or Namecheap.
  5. Consider Social Media Handles:
    Ensure your business name is available on platforms like Facebook, Instagram, LinkedIn, and Twitter for brand consistency.

Additional Words and Phrases to Avoid in an LLC Name

In addition to avoiding misleading words like "bank" or "insurance," several states restrict the use of certain professional or official terms unless you meet specific licensing requirements. Common restricted words may include:

  • "Attorney," "Lawyer," "Doctor," "Engineer," "CPA," or "Architect" (requires proof of licensing)
  • "University," "College," "Institute" (often requires approval from state education authorities)
  • Government-related terms like "FBI," "Treasury," "CIA," or "Federal"

Choosing a name that implies the business performs activities it is not legally authorized to do can lead to name rejection by the state.

Changing LLC Names

If the company is operating under a name other than the LLC name, a DBA, or Doing Business As, is needed in some situations. If you are operating as a sole proprietorship or a partnership, this is required. A DBA is not necessary for an LLC or a corporation unless the LLC or the corporate name is being replaced with another name while performing business.

Each state has its own regulations in place in regards to the specific filing requirements on DBA filing. A fee may also be required, and the amount will vary by state. If the intention is to change the name of the LLC entirely, an LLC amendment form must be filed with the state. As with the DBA, the LLC amendment form also has a fee. Each state determines the fee amount.

For the most current information on rules and fees on the state where you are choosing or changing an LLC name, you can visit the secretary of state's website.

Difference Between LLC Name, Trade Name, and Trademark

When selecting your LLC name, it’s important to understand the difference between several key terms:

  • LLC Name (Legal Name):
    The official name registered with the state when forming your LLC.
  • Trade Name or DBA ("Doing Business As"):
    An alternate name your LLC may use for marketing or operations. A DBA often requires separate registration at the state or county level.
  • Trademark:
    A federal or state-registered mark that legally protects your brand name, logo, or slogan. Trademark registration provides broader protection than simply registering an LLC name.

Understanding these differences helps avoid confusion and ensures proper legal protection for your business identity.

Advantages of Forming an LLC

Many companies choose the LLC structure because it creates a protection of the member's personal assets from any liabilities that come from creditors or legal action the business must pay. A limited liability company is also the most flexible and simplest of ways to form a business. You will find the focus can be on the business, not on paperwork.

Additional advantages include:

  • Ownership and formation requirements are less demanding than an S-Corp or a C-Corp.
  • LLCs have no restrictions on ownership.
  • Business and personal finances must be separate.
  • LLCs are allowed in all U.S. states.
  • Management structure is flexible.
  • Options for tax reporting are flexible.

When the formation of an LLC takes place, the Articles of Organization must be filed with the state. The articles are typically quite lengthy and should meet all state requirements. The time it takes to form an LLC officially will vary by state. This can be a few days to 12 weeks. Some states do offer an expedited filing option. Refer to the secretary of state's website for information related to filing fees and expedited filing options.

Frequently Asked Questions

  1. What are the main LLC naming rules I should follow?
    Your LLC name must include "LLC" or "Limited Liability Company," be distinguishable from existing business names in your state, and avoid restricted words like "bank" or "insurance" without proper authorization.
  2. Can two LLCs have the same name in different states?
    Yes, LLC naming rules are state-specific. Two businesses in different states can use the same name unless one has registered the name as a federal trademark.
  3. Do I need to trademark my LLC name?
    Trademarking is not required but is highly recommended if you want nationwide protection for your brand. Simply registering your LLC name does not provide trademark rights.
  4. How can I check if my desired LLC name is available?
    Check your state’s business entity database, search the USPTO trademark database, and verify domain and social media name availability.
  5. What is the difference between an LLC name and a DBA?
    An LLC name is the official legal name registered with the state, while a DBA (Doing Business As) is an alternate name your company uses for business purposes. A DBA may require separate registration.

If you need help with LLC naming, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.