I want exclusive rights to use the name of my business and prevent others from using it. What can I do to protect my name?

Name identification can be an asset of a business. Sole proprietorships and partnerships are required to file their assumed names with the county clerks in the counties in which they do business. If a business is owned by a corporation, limited partnership or limited liability company, the entity files its creation document with the Corporation Division of the Bureau of Commercial Services. The name standard applied by counties is that the name must not be confusingly similar to other names on file in that particular county. The name standard for true names and assumed names filed at the state is that the name must merely be spelled different than other names on file with the Bureau. Neither filing provides exclusive rights to a name or name protection.

In order for a business to have exclusive rights to a name, it must use the name and take appropriate action to prevent others from using it. Prior users may be able to prevail in a dispute with a later user. Name infringement is a business tort and a business should discuss its concerns regarding acquiring rights in a name with an attorney. Remember having a name registered at the state or county does not necessarily mean that someone else does not have a superior right to that name. Therefore, if significant value is attached to a proposed name you may be wise to pay for a name search by a firm in the business.

If I see a name the same as the name I want to use, but the corporation, LLC, or limited partnership is dissolved, withdrawn or the LLC is not in good standing, is the name available?

Yes, the name would be available, if you see the name on record is for a dissolved or withdrawn corporation, a dissolved or withdrawn LLC, an LLC that is active but not in good standing, or a cancelled limited partnership. However, please keep in mind that filing in this office does not create substantive rights to use of the name.

If the name is available, can I order signs, business cards, etc. before my document is filed?

When checking the name, either on the web site or by phone, the check is only a preliminary check. Upon receipt of your document, a document examiner will review the document, including the name, to determine if the name is available and if there are any other issues that would prohibit or restrict use of the proposed name. Once we have filed your document, that means the minimum statutory requirements have been met in order to create your corporation, LLC, or change the name or file an assumed name on an existing entity.

If I am not ready to submit my document, can I reserve the name ahead of time?

Yes, you can submit an Application For Reservation of Name, form BCS/CD-540. The fee is $10.00 for corporations and limited partnerships and $25.00 for limited liability companies. The name is reserved for the applicant for either four or six months, depending on entity type, or until the document for which the name is reserved is submitted.