Why do you need to do a business entity search?

Once you have a name in mind and you want to get an LLC in Maine, you need to make sure that it isn’t already taken. A business entity search at the Maine Secretary of State website will show you all business names that are the same as or similar to the one you’ve selected. If you see your name in the list, you can’t use it. If you see a name that’s similar, the state may rule that your name is not distinguishable from the other. If so, Maine will reject your Articles of Formation.

Even if a name close to yours is distinguishable in the eyes of the state, the public may not recognize it as different from yours. You might choose to avoid confusion and possible legal hassle by searching a different name. Fortunately, a state business search in Maine is easy, and it’s free.

Maine state naming guidelines

There are rules about naming an LLC, and they’re spelled out in Maine law. Here are some of the highlights:

• The name must contain the words or abbreviation “limited liability company,” limited company,” “L.L.C.,” “LLC,” “L.C,” or “LC.”
• It may not contain obscene language.
• It may not promote illegal or abusive activity.
• It may not imply that the company is a public institution.
• It must be distinguishable from all other Maine company names, not only LLCs but also limited partnerships, corporations and even assumed names.

In determining whether a name is distinguishable, Maine will disregard “and,” “the,” special characters, upper vs. lower case, and business descriptors such as “LLC.” The office will not provide an interpretation of Maine law for situations where distinguishability is unclear. Users are advised to consult an attorney.

Conducting a business name search in Maine:
Step-by-step guide with tips

You can do an online business entity search at the Maine Search Corporate Names page.

Enter your target name into the “Keyword from name to be searched” field. Ignore the “Charter Number” box; it’s useful for finding more information when you know what company you’re interested in.

The system will return a list of the 100 closest matches. Here is part of the list returned for the keyword “Acme.”

The Name Type column tells you whether the name is a legal name, an assumed (or DBA) name, a name for a company that no longer exists, or a mark. (A mark in Maine includes trademarks and some other designations.) You can click the Information Summary for more details.

When you choose your keyword on the initial screen, there’s no need to enter punctuation or a designation such as “LLC.” To get the most exhaustive search possible, do several searches with variants of the name you’ve chosen. Even if you don’t see a match on the results list, you may reject your choice because you see a name that the public could confuse with yours.

Additional names and searches

Even if you’re satisfied that your potential name is available in Maine, it’s wise not to stop there. For example, you should search to see whether your desired name is trademarked.

Trademarks are at the national level. If you form a business with a trademarked name, you’re at risk of committing an infringement. You can search for existing trademarks at the U.S. Patent and Trademark Office website.

If you plan for a website, you may want a domain name that’s the same as your company name. You can use tools such as Namechk or GoDaddy to make sure that the name you’d like to use is available on the internet.

A Doing Business As (DBA) name, also called a fictitious name or an assumed name, is a name you use for your business that’s different from your registered LLC name. You may want this if you venture into a new line of business. You may have your personal name as part of the LLC name and want to hide it from the public.

In Maine, a DBA name must meet the same distinguishability requirement as a legal name. (This isn’t true in many states.) You can search your DBA name with the Secretary of State search tool, and you must file your name in the city clerk’s office where you will do business. The fee is $10.

What can you do once you have an available business name?

If you found an available LLC name and you’re happy with it, congratulations! Here are some next steps to consider.

• Reserve the name: If you’re not ready to file your Articles of Organization, you can put a hold on the name. Use the online Maine reservation form. The free is $50 and the reservation is good for 120 days.
• Trademark the name: If you do this at the U.S. Patent and Trademark Office, you have nationwide rights to the name and no one else may use it.
• Register a domain name: Even if you don’t plan to create a website right away, you may choose to do so later. If you reserve your name now, you’ll have it when you need it. There are several online registrars that can help with this.
• File Articles of Organization: If you’re ready to go, then file with theSecretary of State. The fee is $145, plus an extra $50 or $100 for expedited action

Conclusion

You hope to have your Maine LLC name for a long time, so choose it wisely. Pick a name that is easy to remember. Use the Secretary of State’s search function to ensure that it’s available. Consider trademarking it and registering it as a domain name. And most importantly, make sure your search is thorough and that you covered all your bases. 

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