Give your corporate or LLC name the same amount of thought you gave when you named your pet or, at the very least, your child.




If three friends named Ike, Joe and Kevin form a record label called IJK Inc., it means nothing to anyone but them. A name like "Flash & Cash Records Inc." (apologies to anyone who may have used this name) says what the business is about and hints at creativity (back pats all around).




Also, you're not the first business to ever incorporate, so "ABC Inc." is probably being used as are most letter combinations. Tell Aunt Betty thanks for the loan but you're sorry that "Aunt Betty's LLC" isn't a good name for that martial arts studio you want to open.




You should know that corporations and LLCs are "state-level filings". That means if Wyoming has a "Big Kahuna Surf Shop Inc.", there can be an incorporated business with the same name in Nevada too.




When a name is submitted to your chosen state of formation, that state checks it only against the incorporated and LLC names in their state records. If no match, it's an acceptable name. Some states, California for example, will allow an LLC and a corporation to share a name.




Adding "s" or words like "The" "And" or "A" to an existing name rarely changes its acceptability. Making "and" into "&" won't change things either. If there's a "Frank's Lawn Service LLC", the state probably will reject "Frank's Lawn Services LLC". Even if it does get by, expect a letter from Frank the First to cease and desist.




Incorporating is not trademarking. It does not give you exclusive rights to your business name in all fifty states. It establishes the name in a state and can be the basis for trademark application should the fates smile upon your thriving enterprise now grown to national proportions. First things first.




There are many cases of a state rejecting a similar but not identical name. "Castles in the Sky Realtors Inc." won't get by "Castles in the Sky Realty" in most states.




We offer free name checks in all states if your interested.




Post any name questions to us or let us know of any interesting "name stories". There was a story going around that Georgia rejected "Red Dawn" because it sounded like "Red Dog" but I think that was a rumor originating in Alabama.




See you at the next post.