When starting a business in Delaware, you must follow several steps.
The first is choosing an available business name that complies with the state’s naming regulations.
Once you have a name, you can register it as a trademark to prevent another business from using it and buy the domain to create your brand’s online identity.
By taking these 3 steps, you’ll secure your LLC’s intellectual property and be on your way to starting your LLC in Delaware.
You do a business entity search to confirm another business hasn’t already registered your chosen name with the Delaware Department of State.
You can also use an entity search to find information about an existing business entity, and we’ll look at that in this post.
But first, let’s look at the naming guidelines to ensure the Delaware Division of Corporations accepts your application.
Your desired business name must comply with the Delaware naming guidelines, which include name availability, mandatory inclusions, and name restrictions.
You can find the LLC Delaware naming guidelines on the Divisions of Corporations Department website; below are the key points:
Now that you know the guidelines, let’s look at how you do a business entity search in Delaware.
Before registering your new LLC name with the Delaware Division of Corporations, here are some tips on using the website:
Okay, next are the steps you must follow when using the Delaware entity search tool:
Using this link, visit the Delaware.gov webpage, where you’ll see a “services tab” with a drop-down menu; select “Check Entity Status,” which brings you to the below page.
Type the name you want to use in the “entity name” box and press search.
I’ll use the name “Food for Thought” as our example:
If the name (or one similar) is registered, it will show in the entity name search results.
If your search name returns no results, the site will display “No Records Found.”
If, however, like my example (Food for Thought), it does, click on the business name closest to your search name, and the following information will appear:
Here, you will see the following information about the business name:
You can run an advanced search to see if the registered business is active or inactive and whether it has a Certificate of Good Standing with the Delaware State Department.
The Delaware Division of Corporations charges $10 to $20 for this service, depending on the level of information you request.
Note:
An active business means it’s trading and paying taxes in Delaware; an inactive business is not trading.
However, most states won’t allow you to register the same name as an inactive entity, as it’s still registered as an on-record entity.
Say your search shows no results; in that case, great, your name is most likely available.
However, the Division or Corporation makes the final decision, but if you adhere to the Delaware naming guidelines, everything should be fine.
A Doing Business As (DBA) is a fictitious name you can use for your LLC other than its registered business name.
Sole proprietorships and other non-legal entities can also use a DBA instead of their personal names.
Take the following steps to use a DBA in Delaware:
The fee for filing a DBA in Delaware is $25 for each county you want to register in.
If you have questions about conducting a business name search in Delaware, registering your name, or applying for a DBA, you can contact the Delaware Division of Corporations department.
How to contact the Delaware Secretary of State office:
Once you confirm your new business name is available in Delaware, you can complete the reservation process, check its availability as a trademark, and buy the domain.
If your new name is available, but if you’re not ready to start your LLC, no problem, as you can reserve it for 110 days.
How to reserve your business name in Delaware:
Delaware Division of Corporations
401 Federal Street—Suite 4
Dover, DE 19901
Trademarking your new name stops other businesses from using it in the United States.
Additionally, sole proprietorships and general partnerships aren’t required to register a business name Delaware Secretary of State, so when using the entity name search tool, their names won’t appear. Nor does registering your name with the Delaware Secretary of State prohibit them from using it but a trademark does.
Consider applying for a trademark using the United States Trademark and Patent Office’s online database to ensure your new name is uniquely available and prevent others from using it.
Your last step in securing your business’s intellectual property is buying a domain that’s the same as your business name, and if that’s not available, choosing a domain that suits your brand and engages your target audience’s imagination.
A domain tool like the one at we offer can help you check if your new business name is available as a domain.
You use a business entity search to determine that an existing LLC (or other entity) is not already using your name in Delaware.
Use the Delaware Department of State search entity tool to check your business name is available.
The Delaware Division of Corporations allows you to reserve a name for 110 days; the fee is $75.
To use a DBA in Delaware, you must register it in every county you’ll do business in using the Delaware.gov Business First Steps webpage.
Suppose you want your business to operate under a name different from its legal business name. In that case, you’ll need to register a DBA in every Delaware county where it operates.
An LLC must contain the words Limited Liability Company or an approved abbreviation, like LLC or L.L.C.
Your name must be unlike any other entities registered in Delaware.
You cannot use terms that indicate you’re a government department or in the financial, medical, or insurance industry.
Nor can you use any terms the Delaware Secretary of State’s office views as offensive.
Now is a great time to start an LLC in Delaware.
Remember, your new LLC name is how your customers will identify your business, so it must be unique, brand-appropriate, and comply with Delaware naming requirements.
Once you tick those boxes, your next step is to form your Delaware LLC.
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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