Check name availability in chosen state of incorporation

The general rule for corporate names is that they must be unique. In other words, there may not be more than one corporation per name per state. Furthermore, a new corporation may not have a name that is deceptively or confusingly similar to a registered corporation in good standing. This is true even if you wish to use your own name in your corporate name. Placing a .com, or .net at the end of a corporate name is considered a part of any corporation's name, so that adding .com or .net to a name similar, or the same as one you desire, will not make that name available to you if the name is already in use.

To determine whether your name is available in your chosen state, you'll need to contact the Secretary of State for that state, either by viewing the Web site, calling, or writing a letter. If your chosen state has a list of active corporations, you can enter your choice of corporate names and see if it's already in use. If another corporation has the name you want, you can't use it. Try looking up a name with variations or a completely different name. It's unlikely that you'll be able to discover whether your choice has been "reserved" with your chosen state's Secretary of State.

Many states offer a service whereby the Secretary of State will officially check to see if a name is available. This service can take place over the telephone or by letter, and there may be a charge. Once it's determined that a name is available, the next step can be to reserve the name, or immediately file incorporation papers. It may be possible to check availability and reserve a name simultaneously. See Reserving a Corporate Name for discussion on this subject.

One way to incorporate your business is to use an incorporation service. The fees for this service include the determination of whether your chosen corporate name is available. Before deciding to use such a service, it's still a good idea to have gone through the process described above, to find out if your chosen name is available.

Three companies that provide a broad range of services are:

• LegalZoom.com; (800) 773-0888
• The Company Corporation; (800) 818-0204
• BizFilings; (800) 981-7183