Yes. State laws (including California and Delaware) generally restrict what names an be used to register a new business:
- The names must not be the same, similar to, or deceptively similar to an existing business
o Capitalization or upper/lower case letters do not count when distinguishing your business name from another business’s name
- Accents and non-English characters are not recognized
- Supercript and sub-script characters are not recognized and are treated as standard letters/numbers
- The name must not be likely to mislead the public
o For example, using “Los Angeles Arts Development Agency” implies that the entity is affiliated with a governmental office, department, or agency. This would be impermissible.
If the correct suffix is not used after the new business’s name, the Secretary of State will reject the founder’s attempt to incorporate the business.
In addition to the above, the new founder should also be aware of potential trade name infringement matters, which occur when a new business is formed that is similar to an existing business in the same or similar geographic area, or a potential trademark violation, if a competing business’s name is protected by a federal or state trademark. For information on trade name infringement and trademark infringement matters, please check out our article on that subject here.
[title size=2]Related Formation FAQs[/title]
- Do You Need an SEC or FINRA License to Manage a Private Equity Fund?
- California Workplace Violence Prevention Plan Template
- California Workplace Violence Video Training Seminar
- California Workplace Violence Prevention Training
- Should You Invest in a Bitcoin ETF?
- Navigating the Top Real Estate Law Issues of 2024
- Top Legal Issues in A101 Construction Agreements for Restaurants
- Top Cryptocurrency Law Issues of 2024
- California Workplace Violence Prevention Plan Template 2024
- Top Securities Law Issues of 2024: Navigating the Evolving Landscape
[title size=2]Other FAQs[/title]
- Formation FAQs
- Stock Issuance FAQs
- Investment & Fundraising FAQs
- Intellectual Property FAQs
- Corporate Governance FAQs
- Employees & Labor FAQs
- Licensing & Permits FAQs
- Tax FAQs