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If you’re searching for the perfect business name for your Delaware C Corporation, we can help. We’ve got all the information you need on how to conduct a Delaware SOS business search, plus business naming rules, fictitious names and trademarks.

 

General Rules for Corporation Names

General Rules for Corporation Names These rules generally apply to all corporations, wherever they're formed.

1
Your Corporation Name Must Be Unique

The name you choose cannot be in use by any other business in the state. This is why it's so important to perform a Delaware business name search before you begin your incorporation paperwork.

2
Your LLC Name Must Not Be Confusable with Another Business Name

It’s not enough for your corporation name to be unique. It also cannot be similar to the name of another business in the state. In addition, you cannot use any of the following features in an attempt to differentiate your corporation name from that of another business:

  • Suffixes, such as Corporation, Company, Incorporated, Incorporation, Limited, Corp., Co., Inc., etc.
  • Definite articles, such as “A,” “An” or “The”
  • The conjunction "And" or “&"
  • Numbers in place of numerals (or vice versa), e.g., "One World" is the same as "1 World"
  • The singular, plural or possessive forms of words
  • Abbreviations, punctuation, symbols, fonts, typefaces, etc.
3
Your Corporation Name Must Contain Certain Words

All corporations must use one of the following in their names, usually at the end of the name: “Incorporated,” “Corporation,” “Limited” or their abbreviations.

4
Your Corporation Name May Be Subject to Other General Restrictions

Most states will not allow you to incorporate with names that:

  • Are similar to the name of a federal or state agency or organization (e.g., FBI, FDA, Delaware Department of Labor, Delaware Rangers, Treasury, etc.)
  • Suggest affiliation with a federal or state agency or organization
  • Use the term “Olympic” or any terms that are trademarks of the International Olympic Committee
  • Imply a purpose that would be illegal for your business to carry out

Specific Rules for Delaware Business Names

In addition to the general rules listed above, you'll need to follow some Delaware corporation laws that apply to naming your business.

For example, per the Delaware Code Title 8, Chapter 1, Subchapter 1, § 102, the name of a corporation:

1

shall contain 1 of the words “association,” “company,” “corporation,” “club,” “foundation,” “fund,” “incorporated,” “institute,” “society,” “union,” “syndicate,” or “limited,” (or abbreviations thereof, with or without punctuation);

2

shall not contain the word “trust,” and (iv) shall not contain the word “bank,” or any variation thereof, except for the name of a bank reporting to and under the supervision of the State Bank Commissioner of this State or a subsidiary of a bank or savings association

Coming Up with the Ideal Business Name

The perfect business name can be difficult to choose. We have a complete guide to finding the right business name, but essentially, you'll want to choose a name that will:

Appeal to your customers

Be memorable enough to stand out

Best represent your product or services

Not be used by another business

Need help coming up with business name ideas? Try our free name generator.

Delaware Corporation Search

Once you have an idea of the name you want, perform a Delaware business name search to make sure another company isn't already using that name.

You can use the state's online portal to perform a name search.

You can also use our simple and convenient Business Name Search Tool, which will search the state's business registry for you.

Use Incfile’s free tool to find out whether your preferred name is available for your corporation in Delaware

Trademarks and Service Marks

You must be careful that your Delaware corporation name doesn't infringe on the trademark or service mark of another business. The easiest way to ensure you're not infringing is to perform a trademark search through Incfile. You can even register it yourself if the trademark isn't already in use.

Make sure your corporation is starting off on the right foot when it comes to intellectual property.

Let Incfile run a trademark search for you.

 

Register a DBA in Delaware

You may do business under a name different from your corporation's legal name. While many states refer to this as an assumed name, trade name or "doing business as" (DBA), it's a fictitious name in Delaware. You may decide to use a fictitious name for a variety of reasons.

For example, your primary business may be called Sunny Hospitality, Inc., and you have a chain called Sunny Catering. You could register a fictitious name just for that brand. You'd do that by registering your fictitious name with the Prothonotary’s office in the county in which you are doing business. You may download the required form from the Delaware Courts website, or you can have Incfile do it on your behalf with our DBA service.

In order to keep your business names unique, you can also use the Delaware business entity search. You can perform a Delaware fictitious name search to find out whether any other companies are already using the fictitious name you want.

Note: A trade name is not the same as a trademark. Learn more about trademark vs. DBA.

Register and manage a DBA or fictitious name through our easy-to-use service
 

Register Your Business Name with the Delaware Sec State

You’ve performed a DE Secretary of State business search, checked availability, followed the naming rules and determined whether you need a fictitious name. Now you can register your corporation name in one of two ways.

1

If you don’t want to form your corporation right away, you can reserve the business name. You'll do this by submitting an Application for Reservation of a Corporate Name form and filing it with the Delaware Sec State. The name will be reserved for 120 days. You don't need to reserve a name if you're starting your business right away.

2

If you’re ready to start your corporation, you can indicate your chosen business name when you file your Certificate of Incorporation with the Delaware Sec State. Or you can have Incfile do this for you.

Incfile can handle all your Delaware corporation formation paperwork for you — and we’ll do it for free!

Create a Corporation in Delaware for $0 + State Fee ($89)

FAQs About Naming Your Corporation in Delaware

How Do I Find an Available Corporation Name?

Use our free Business Name Search Tool and enter your chosen business name. You can also perform a search of the state's registry, which will tell you whether any other corporations or LLCs in the state are already using that name.

Are There Any Rules for Naming My Corporation in Delaware?

Yes. Most corporations will be bound by general rules (applicable to all corporations) and specific rules (applicable in the State of Delaware). We’ve detailed these rules above.

Can I Do Business Under a Name Different from My Corporation in Delaware?

Yes. In Delaware you can conduct business under a fictitious name. Details are above.

Can I Reserve a Name for My Corporation in Delaware?

Yes. The Delaware Sec State allows you to reserve a name if you're not ready to start your business immediately. Details are above. If you do want to start your business right away, you don't need to reserve a name.

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