How To Name A Business In Delaware
Learning how to name your business in Delaware is easy with our guide. We'll help you choose a catchy name that will become the cornerstone of your business.
Recommended: Use our free Business Name Generator to find unique small business names.
When Naming Your Business in Delaware, Follow These Three Steps:
Our guide will take you through the 3 key steps to finding your perfect business name. If you’re unsure of the type of business you would like to start, check out our detailed list of small business ideas, a great resource to start a business.
First, you’ll need to choose your business structure; this will make a difference when choosing a name because there are different naming rules for each structure. Next, you'll brand your business; this will show people who you are and what you are about. Lastly, you'll complete a business name search to make sure your name is unique.
If you'd like to explore business name ideas for your new venture right away, check out our Business Name Generator tool.
Step 1: Choose a Business Structure
First, you need to choose the best business structure for your new venture. This is the first step because different business structures have different naming rules.
Business Structure refers to the way your business is set up, operated, and taxed. Each business structure has its own set of unique naming rules.
There are two categories of business structures:
- Formal Business Structures
- Informal Business Structures
Formal Business Structures
Limited Liability Company (LLC)
LLC stands for Limited Liability Company. Forming an LLC is the simplest way of structuring your business to protect your personal assets in case your business is sued.
Delaware LLC Naming Rules
- Your name must include the phrase “limited liability company,” or one of its abbreviations (LLC or L.L.C.).
- Your name cannot include words that could confuse your LLC with a government agency (FBI, Treasury, State Department, etc.).
- Your name may contain the following words: Company, Association, Club, Foundation, Fund, Institute, Society, Union, Syndicate, Limited, Public Benefit, or Trust.
- Your name cannot contain the word “bank,” or any variation unless the company is authorized as a bank by the state. However, the word “bank,” or any variation, can be used if the context clearly doesn’t refer to a banking business or mislead the public about the nature of the business. An example of acceptable use would be Bank Shot Basketball LLC.
- Your name must be distinguishable from any existing business in the state. We will help with this step in the search for your business name section below.
You can also read the Delaware state statute that covers LLC naming guidelines for more information.
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Corporation
A C corporation (C corp) is a separate legal entity from its owners with a basic operational structure consisting of shareholders, officers, directors, and employees. A C corp business structure will protect your personal assets.
Delaware Corporation Naming Rules
- Your name must include one of the following words (or their abbreviations): association, company, corporation, club, foundation, fund, incorporated, institute, society, union, syndicate, or limited, or words (or their abbreviations) of similar meaning in other countries or jurisdictions (as long as they are written with roman characters or letters).
- Your name must be distinguishable from any existing business in the state. We will help with this step in the search for your business name section below.
- Your name cannot contain the words “bank” (or any variation) or “trust” unless the company is authorized as a bank. However, the word “bank” (or any variation) can be used in a context that clearly doesn’t refer to a banking business or mislead the public about the nature of the business. An example of acceptable use would be Bank Shot Basketball Inc.
You can also read the Delaware state statute that covers corporation naming guidelines for more information.
Informal Business Structures
Sole Proprietorship
A sole proprietorship is the simplest business type in the United States. A sole proprietorship is an informal business structure and it doesn’t provide personal asset protection.
Delaware Sole Proprietorship Naming Rules:
This business structure must operate under the surname of the owner. To use a different name, the owners must file for a DBA (doing business as), also known as a trade name in Delaware.
For easy step-by-step instructions for filing a DBA in Delaware, visit our free state DBA guide.
General Partnership
General partnerships are similar to sole proprietorships. The difference is that a partnership consists of 2 or more people. A general partnership is an informal business structure and it doesn’t provide personal asset protection.
Delaware General Partnership Naming Rules:
- Your name may contain the name of a partner and may contain the following words (or their abbreviations): Company, Association, Club, Foundation, Fund, Institute, Society, Union, Syndicate, and Trust.
- Your name cannot contain the word “bank”(or any variation) unless the company is authorized as a bank. However, the word “bank” (or any variation) can be used in a context that clearly doesn’t refer to a banking business or mislead the public about the nature of the business. An example of acceptable use would be Bank Shot Basketball G.P.
- Your name must be distinguishable from any existing business in the state. We will help with this step in the search for your business name section below.
You can also read the Delaware state statute that covers partnership naming regulations for more information.
To use a name that doesn’t include the surnames of the partners, the owners must file for a DBA (doing business as), also known as a trade name in Delaware.
For easy step-by-step instructions for filing a DBA in Delaware, visit our free state DBA guide.
S Corporation
An S corporation (S corp) isn't a business structure, it's a tax structure. If your business is taxed as an S corp, you should follow your state’s naming requirements for your business structure.
Learn More About Business Structures
To find the business structure that's best for you, read our What Structure Should I Choose for My Business article.
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Have a question? Leave a Comment!
Ask us a question, tell us how we're doing, or share your experiences. Join the conversation in our Comment Section.
Step 2: Create the Best Brand Name For Your Business
Now that you know the rules for naming your business in Delaware, it’s time to work on your business’s brand.
Choose Your Branding Strategy
The next big decision you will need to make is whether your legal business name will be your brand name or if your brand will be separate from your legal name.
Most business owners prefer to use the business’s legal name as their brand name.
Legal Name: Your business's legal name is the name that is listed on your formation documents.
Brand Name: Your business's brand name is the name that you use to market your company. It is the name that clients see and use.
Informal businesses, like sole proprietors and general partnerships, are almost always required to use their surname(s) as their legal name.
Recommended: Check out our most popular Online Business Ideas and Low-Cost Business Ideas if you’re still looking for a business idea to put a name to.
There are Three Main Branding Strategies:
1. The business's legal name is also the brand name. If you are forming an LLC or corporation, you will register your legal name when you file your formation documents.
2. The business has a legal name that is different than its brand name. If you choose to have a different brand name, you will need to file a DBA. To learn more, visit our easy step-by-step Delaware DBA guide.
3. The business has a legal name and multiple brand names. If you choose to have multiple brand names, you will need to file for DBAs. To learn more, visit our easy step-by-step Delaware DBA guide.
Brainstorm Business Names
You should start by brainstorming at least 4-5 potential names. The goal is to come up with at least a few catchy and creative names. Then, we will help you make sure the names you chose are available.
A good brainstorming session lasts for about 15-45 minutes and it’s important that you are comfortable in all ways— think snacks and water, a comfortable chair, your favorite pen.
Use a timer and then stop when it goes off. If you need more time, take a 15-minute break and start your timer again. The more you brainstorm, the better.
Creative Brainstorming Techniques:
- Free Writing. Keep your pen on the paper until your timer goes off. Don’t limit your ideas, don’t analyze whether they are good or bad. Just keep writing.
- Word-association. Start by writing a couple of random words. Next, write down words that tie your two random words to your business's mission, service or product. This exercise is meant to tease-out buried ideas.
- Mind Map. Start with a circle containing the words “my business name”. Draw a line off of the main circle with each new idea. A web of ideas will form during your brainstorming session.
12 Questions to Ask When Choosing a Brand Name
Now that you’ve come up with name choices, it’s time to think about some important tips for naming a business.
12 Important Questions to Ask Yourself:
- Is my name simple?
- How does the name sound when I say it out loud?
- Is the name easy to pronounce and spell and does the acronym look ok?
- Is my business name shorter rather than longer?
- Did I include a geographic location in my name? Usually, you shouldn't.
- What do other people think of the name?
- How does the name compare to other business names in the industry?
- Does the name convey my mission as a business?
- Did I avoid trends?
- Does my name contain obscure words?
- Is my name too narrow or too literal?
- Is my name memorable?
Consider Using a DBA to Brand or Rebrand Your Business
In Delaware, a DBA (doing business as) is known as a trade name. A Delaware trade name allows you to use a name other than your business’s legal name.
If you don’t love the name you pick the first time or if things change that make your name obsolete, you can usually create a DBA name and legally operate under a new name.
DBA For Your Business Structure
Owners of formal business types like LLCs and Corporations sometimes choose to brand their businesses with a DBA. Most sole proprietors and general partnerships need to use a DBA to create a brand other than their surnames.
To learn more about DBAs in Delaware, visit our How to File a DBA in Delaware.
After you get your business name, your next step is getting a unique logo. Get your unique logo using our free Logo Maker.
Step 3: Complete Name Searches
The final step for naming your business is making sure it's unique at the state and federal levels and as a domain name.
We will give you the step-by-step instructions to search:
- Business Name Availability in Delaware
- Domain Name Options
- Federal Trademark Records
State Business Name Search
The first and most important search is on the Delaware business name database. Search requirements can vary depending on your business structure.
LLC
You can search the business name availability database on Delaware's Department of State website to see if your desired LLC name is available.
This tool is also useful if you decide to register a DBA, or trade name, for your company. To learn more about setting up a DBA for your LLC, read our How to File a Delaware DBA guide.
Not sure what to name your business? Check out our LLC Name Generator.
Corporation
You can search the business name availability database on Delaware's Department of State website to see if your desired corporation name is available.
This tool is also useful if you decide to register a DBA, or trade name, for your company. To learn more about setting up a DBA for your corporation, read our How to File a Delaware DBA guide.
Sole Proprietor
A state-level name search is not required for a sole proprietorship in Delaware. However, if you decide to register a DBA, or trade name, you can search Delaware’s business name availability database and trade name database to see if your desired name is available.
General Partnership
You can search the Delaware business name availability database on the state’s Department of State website to see if your desired name is available.
Domain Name Search
We recommend that you check to see if your business name is available as a web domain (URL). Even if you don't plan to make a business website today, you may want to buy the web address in order to prevent others from acquiring it. It’s free to search.
Federal Trademark Search
Next, a quick search on the U.S. Trademark Electronic Search System will tell you whether someone else has already trademarked your name. Once you know the name is available, you can choose to apply for a trademark for your business although the cost is sometimes too high for a startup or fledgling business.
Regardless of whether you will be registering, it’s good to know if your name is already taken.
To learn more about trademarks and the steps you will need to get one, read our How to Trademark Your Business article.
What’s Next? Starting Your Business In Delaware Is Easy!
Now that you’ve created a name for your business, it’s time to make it official!
Forming your business will help protect your name from being used by another business in your state.
How To Form Your Business
There are two types of business structures: formal and informal. We will give you directions for starting both types of businesses.
Formal Business Structures
If you will be using a formal business structure like an LLC or corporation, you will need to file your formation documents in order to secure your legal name.
If you’d like to operate a formal business structure under a brand name that’s different from your legal name, you will need to file for a DBA.
Form a Limited Liability Company
If you are starting a limited liability company (LLC), visit our Form an LLC in 6 Easy Steps guide for Delaware.
For step-by-step directions for filing your DBA, visit our Delaware DBA How-To Guide.
Form a Corporation
If you are setting up a corporation, visit our Delaware How To Set Up a Corporation Guide on StartupSavant.com.
For step-by-step directions for filing your DBA, visit our Delaware DBA How-To Guide
Informal Business Structures
If you will be using an informal business structure like a sole proprietorship or general partnership, your legal name will be your personal name. To secure a brand name, you will need to file for a DBA.
Form a Sole Proprietorship or General Partnership
In Delaware, you can operate your sole proprietorship or general partnership without filing with the state. This can simplify starting your business, but these structures will not protect your personal assets.
If you are forming a general partnership or sole proprietorship, then you will need to file a DBA to use a name other than you or your business partner’s surname(s). to protect your brand name by filing for a DBA.
For step-by-step directions for filing your DBA, visit our Delaware DBA How-To Guide.