How to Name a Corporation
To name a corporation, pick a name that meets your state's designator and distinguishability rules, search your state's business entity database to confirm it is not already taken, and search the U.S. Patent and Trademark Office's database to rule out a trademark conflict. Once you've confirmed availability, you can reserve the name with your state while you prepare your articles of incorporation, or file immediately if you're ready.
By LLC Register · Last reviewed October 2, 2026
Comprehensive Guide
Start With Your State's Naming Rules
Before you fall in love with a name, check what your specific state requires. Most states, including Delaware and Texas, require a corporate name to include a designator word, such as Corporation, Incorporated, Company, or Limited, or an abbreviation like Corp., Inc., or Ltd. California is a notable exception: a general stock corporation's name doesn't need any designator at all under California Corporations Code Section 202, though a California close corporation does. See our guide on corporate naming rules by state for more examples, and confirm your own state's current rule before you commit to a name.
Understand the Distinguishability Standard
Every state requires your proposed name to be "distinguishable" from the names of other entities already on file, a standard that goes beyond just checking for an identical match. States generally set aside small differences, like spacing, punctuation, capitalization, or a generic designator word, when comparing your proposed name to existing ones, so a name that looks different at a glance can still be rejected as not distinguishable enough.
Avoid Words That Trigger Extra Review
Most states restrict certain words in a corporate name regardless of distinguishability, commonly including "bank," "trust," "insurance," or words implying a government affiliation, unless the corporation is actually licensed for that activity. Check your state's specific restricted-word list before you finalize a name that includes any term like this.
Search Your State's Business Entity Database
Once you have a short list of names that meet your state's formatting rules, search your state's free online entity database to check whether each one, or something confusingly similar, is already registered. See our guide on how to check corporate name availability for how to run this search and what it won't tell you.
Search for Trademark Conflicts Separately
A name that's completely clear in your state's corporate database can still infringe on someone else's registered trademark, since the two systems are entirely separate. Search the U.S. Patent and Trademark Office's trademark database, and consider a broader search for unregistered uses of the name, before you invest in branding, signage, or a website built around it.
Check Domain and Social Media Availability Too
While not a legal requirement, most businesses also check whether a matching domain name and social media handles are available before settling on a corporate name, since building a brand around a name you can't also use online creates its own practical headache later.
Reserve the Name if You're Not Ready to File
If you've confirmed a name is available but aren't ready to file your articles of incorporation yet, most states let you reserve the name for a fee and a limited window, typically 60 to 120 days depending on the state. See our guide on how to reserve a corporate name for the process and fees by state.
Consider a DBA for Your Public-Facing Name
Your corporation's legal name, the one on your articles of incorporation, doesn't have to be what customers see on your storefront or website. If you want to operate under a different public-facing name, most states and counties let you register it separately as a "doing business as" or fictitious business name, on top of your corporation's legal name.
Changing the Name Later Is Possible, but Adds Steps
If you later decide to change your corporation's legal name, you'll need to amend your articles of incorporation with the state, update your EIN records with the IRS, and update contracts, licenses, and bank accounts tied to the old name. Picking a name you're confident in from the start avoids this extra round of paperwork.
Practical Considerations
Don't Skip the Trademark Search to Save Time
It's tempting to treat a clear state name search as the finish line, but a trademark conflict discovered after you've built a brand is far more expensive to fix than one caught during the naming process. Budget time for both searches before you commit.
Reserve Early if Multiple Founders Are Deciding
If you're still finalizing details like your state of incorporation or your cap table while several founders are weighing in on the name, reserving it once everyone agrees protects it from being taken by someone else in the meantime.
Think About How the Name Reads Without a Designator
If you're incorporating in a state like California that doesn't require a designator, consider how the name reads on its own, since customers and partners won't see "Inc." or "Corp." signaling your corporate status unless you choose to include one anyway.
This Is Not Legal Advice
Whether a specific name meets your state's distinguishability standard, or creates trademark risk, can involve legal judgment in a close call. Talk to a business attorney if your proposed name is similar to an existing business's name in any respect.
Sources
The official sources used for this article.
Delaware Code: Title 8, Section 102 (Contents of certificate of incorporation) | delcode.delaware.gov/title8/c001/sc01/index.html |
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Texas Secretary of State: Name Filings FAQs | sos.state.tx.us/corp/namefilingsfaqs.shtml |
California Legislative Information: Corporations Code Section 202 | leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CORP§ionNum=202. |
USPTO: Trademark search | uspto.gov/trademarks/search |
Created by: LLC RegisterLast reviewed October 2, 2026
Updated: October 2, 2026
Frequently Asked Questions
How do I choose a name for a new corporation?
Start with your state's designator and distinguishability rules, check that the name is not already registered with your state and not trademarked, and confirm matching domain and social media availability before you commit to it.
Do I need a designator like "Inc." or "Corp." in my corporate name?
In most states, yes, a designator word is required. California is a notable exception for a general stock corporation, which does not need one under California Corporations Code Section 202.
Should I trademark my corporation's name?
Many businesses do, since a state name clearance does not check trademarks. A U.S. Patent and Trademark Office search is a worthwhile step before you invest heavily in a name, and a federal trademark registration offers broader protection than a state entity filing alone.
What is a "doing business as" name for a corporation?
It's a public-facing name a corporation uses that is different from its legal name on file with the state, registered separately as a DBA or fictitious business name with the state or county where the corporation operates.
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