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Considerations When Naming Your Maryland Business

Selecting the right business name is an important step when starting a new business or expanding to a new state. In addition to picking the perfect name, you want to also make sure your LLC or corporation name complies with your state’s laws. This means that the name cannot conflict with a name already in the state’s database and cannot include any prohibited words or phrases (i.e. “insurance” if the business is not an insurance company). Here are 3 things to keep in mind when naming your business:

1. Each Business needs a Legal name for Incorporation Documents
An LLC’s or corporations legal name is the official name used on state documents. Each business can only have one “legal” name at a time. The legal name of your LLC or corporation must be distinguishable from the names of other businesses in the state’s filing office. Each state varies in how it decides whether a name is different enough to be distinguishable for filing. You should contact an attorney in your state if you are looking to make your business an LLC or corporation.

2. Conduct a Name Search to Reduce Uncertainty
Before submitting your documents to have your business incorporated by the state, it is helpful to conduct a name check first to prevent the state from rejecting your documents. A name check will tell you if your desired name is available. In other words, the state will reject your LLC name if there is already another business with that name or one similar, which could cause confusion.

3. You can Reserve Your Name with the State
If you are not yet ready to submit your incorporation or formation documents, but you have name checked to see that your desired name is available, you may want to consider reserving and holding your name with the state. Most states will allow you to reserve your name between 60-120 days, some states with the option to renew. Reserving your desired named is preferred because it prevents other companies from forming under, qualifying under, reserving, registering, or changing their names to your reserved name with that state office.

An experienced attorney can help you through the process of naming your business. For a free, confidential conversation to discuss this and other business law matters, including business formation legal services, contact Maryland business attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here.

Day, evening and weekend appointments are available in office or at your residence. Mr. Reichert personally serves business law clients throughout the entire state of Maryland.

Stephen looks forward to assisting you with your Maryland business law needs.

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