The name of your business creates an association with the type of goods or services you offer. That means you want to come up with a name that speaks volumes to the reader, and makes it easy for them to understand what you’re in the business of doing.
The state of West Virginia recognizes the importance of a business name, and requires you to do a business entity search, or business name search, for your LLC when you’re in the process of its formation.
The reason for the search is to avoid the collision of two or more businesses using the same name and confusing the customer. That means you have to do a business entity search with the West Virginia Secretary of State’s website for a matching business name. Read on to learn about the importance of a business name search for West Virginia, and what’s involved in getting it done right.
Prior to forming your LLC, you have to do a business entity or name search on the West Virginia Secretary of State (WVSOS) website. This is a requirement because there may be a business that has the same name as yours, and is currently in operation. Your business name has to be unique and distinguishable in order to prevent confusion with a business that has a similar name and type of operation in West Virginia.
This search has to be done with WVSOS as it has the complete database for registered business names in the state. It’s worth noting that this only matters for the state of West Virginia, as business name searches are limited to businesses that currently exist in the state. That means someone who has the same name in a different state can’t sue you for using their business name. The name search also prevents you from getting into legal trouble with a business entity that has the business name you’re looking to use.
The WVSOS has a guideline that lays out what you’re supposed to put into your business name, what you can’t, and that it has to be distinguishable from an existing registered name. The SOS states that the most common reason why a name gets rejected is due to the fact it’s already in use. West Virginia’s guidelines for registering your business name consists of one rule: Limited Liability Company or LLC has to be used as the ending of the name.
Even though West Virginia only has a single stated rule, it’s wisest to stay away from using government agency names or initials as part of your business name. You don’t want to risk getting your business name rejected and having to come up with an acceptable one all over again.
Distinguishability is key to getting your name accepted by the SOS. This is defined as:
Your business name has to be at least one word different from an existing name for it to be accepted. For example, if a currently existing name is “Bits and Bobs, Inc.” and you want to name your business “Bits and Bobs Corp”, it won’t be accepted because it’s not distinguishable.
In order to start searching for a business name to find out if it’s registered or not, you begin with the WVSOS Business Organization Search page. The page gives you search tips for performing a wild card search to help you cast a wide net to find similar names. Business names that have been registered with the State Tax Department are referred to as a fictitious business name.
There is no fee to search the database, and you can use it as many times as you see fit. The only time you will pay a fee is if and when you decide to reserve the name for future use when forming your LLC.
Use as many variations on your business name as possible during your search. You’re more likely to catch a match that didn’t show up in other searches. You can also use the % symbol to generate a wildcard search that pulls in variations of your search query. The search page also has an advanced search option link that lets you refine your search with granular terms.
The database returns results in a table format that lists each business line-by-line. It shows the name, its original ID, the type of corporate entity, when the name was made effective, and if it’s been terminated. The table also shows the reason for termination, the business charter, and class (for-profit or non-profit).
The results come with the option to search by organization name, DBA, name change, and registrations/reservations. This allows you to see the status of the name at-a-glance.
Upon learning that your desired business name is available, you can take action to claim it as yours in one of a few ways:
All of these options help preserve your chosen business name for your use, and help create an association with your business name and its services. It also makes it more difficult for a competitor to register a similar business name in the hopes of siphoning off your customer base.
Performing a business entity search to find out if your intended business name is available is a straightforward process. You may find that you have some changes to make, or you may find that the name you want is available for registration. It’s always a good idea to reserve a name when it’s available, then take actions to solidify your ownership of that name.
Once you’ve lined up your business name and reserved it, you can complete your articles of organization and file them to form your LLC. Your business is ready to move forward as an official corporate entity and reap the benefits of incorporation.
Every business in West Virginia is required to have a unique name to distinguish it from other businesses.
You can perform a business entity search on the West Virginia Secretary of State’s website.
It costs $15 to reserve a business name, and the name is held for 120 days until you register your LLC.
Strictly speaking, you’re not required to register a DBA for your LLC unless you want to use a different name for your business. However, it’s always a good idea to use all means possible to protect your ownership of your business name, and filing a DBA helps with protection. It costs $25 to file a DBA, and only one name can be registered at a time.
The only LLC naming guideline in West Virginia is that the words Limited Liability Corporation/Company or LLC has to be placed at the end of the business name.
You can modify the name you want and see if the SOS will accept it. Otherwise, you’ll have to come up with a different business name that’s not currently taken.
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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