In business, the name you choose is crucial. Not only is it most likely the first introduction potential customers have to your brand, but it’s also the keystone to your startup’s identity. That means that it is worthwhile investing a good bit of time and effort into coming up with the best name for your South Carolina LLC.
To get all the benefits of a killer name, it must be unique. To ensure no other businesses are already using the name you want, you will need to conduct a business entity search.
South Carolina wants every business in the state to be easily distinguished from each other to avoid customer confusion about who they are giving their money to. To prevent two or more businesses from having the same name, part of the filing process for starting an LLC should include a search for existing business entities in the South Carolina business name entity database. But don’t worry, conducting a search is very simple, and you can do it on your own computer at home for free.
However, before jumping into selecting the name for your new business, it is necessary to understand the state guidelines when it comes to naming conventions.
Like all states, South Carolina maintains strict requirements for business owners to adhere to when naming their businesses. For Limited Liability Corporations, the rules are set out under Title 33 of the South Carolina Code of Laws. If the name you choose does not abide by the requirements listed under §33-44-105, your name, and therefore your business filing, will be rejected.
While you have a lot of creative freedom when choosing the name for your business, there are a few legal requirements that you need to know. Although most of the requirements are common sense, such as they should not be deceptive, others are not so obvious. For example, all LLCs must include a variation of either a Limited liability company or a Limited Company at the end of their name. These acceptable variations include LLC, L.L.C., LC, and L.C.
Now that you have an excellent name for your startup and know that it adheres to the South Carolina business entity naming requirements, you’re ready to check if it is still available!
Luckily, South Carolina makes it easy for you to conduct a business name search for free online. Go to the South Carolina Secretary of State’s search tool to get started.
But just because no one else is using the exact match of your name doesn’t mean you are in the clear. It is best practice to search for the name you want to use with the ‘Contains’ filter selected from the drop-down menu. That’s because although there may not be an ABC, LLC, there may already be an ABC, Corp., and the similarities may be confusing for your customers in the future.
Once you are sure no one else is using the exact or very similar name that you want to use, you are ready to file your Articles of Organization. However, before you submit your paperwork, there are other things you may want to do first.
Finding the perfect name that is still available is just the first step. If another business owner files Articles of Incorporation using that name before you do, you’re out of luck and need to start the process over again. But you can prevent that from happening by reserving the name you want for your business as soon as possible.
In South Carolina, you can reserve the name of an LLC for up to 120 days by filing out two duplicate applications and submitting them along with a self-addressed stamped envelope and the $25 fee to the Secretary of State. The form is simple to use and only requires the LLC name you want to reserve and your personal contact information.
Trademarks and service marks are another way to protect your business. While most people assume they need to go through the United States Patent and Trademark Office (USPTO) to apply for one, businesses in South Carolina can receive a trademark or service mark that protects their intellectual property within the state only.
It is essential to be aware that trademarks only protect existing products, and service marks only protect existing services. If you are not already using your name or logo and can provide proof that you are doing so, you won’t be able to claim protection.
Before finalizing the name of your business entity, you may also want to make sure that a matching or nearly matching domain name is also available. Today, most people find new businesses online, so having a complementary online presence is crucial. You can search and purchase a domain name on any domain registration website.
Similarly to domain registration, you may want to secure the name of your business on the most popular social media apps by creating accounts using the business’s name. Even if you don’t plan on using the account, it is a good idea because it will prevent others from assuming the name in the future.
In South Carolina, the name of your LLC must be distinguishable from all other businesses in the state. This regulation is for both domestic startups and foreign businesses that are doing business in South Carolina.
It is simple to find out if the name you want to use is already registered in South Carolina by visiting the Secretary of State’s search tool.
There is a $25 fee to protect your future LLC name. The reservation is for 120 days, and you cannot renew a reservation for the same name.
No, South Carolina does not have any requirement stating you need to reserve a name before filing. However, if someone using the name you want files their LLC first, you’re out of luck.
While there is no legal requirement to register a DBA in South Carolina, doing so can be beneficial in some instances.
You can find the LLC naming guidelines in Title 33 of the South Carolina Code of Laws.
If the name you want is not available, you’ll need to choose another one.
Choosing a name is just one of the many loops you need to jump through on your journey to owning your own business in South Carolina. If you would like professional assistance with filing your Articles of Organization or sorting through the costs of forming your South Carolina business, Tailor Brands can help.
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos.
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