The name of your business creates an association with the type of goods or services you offer. That means you want to come up with a name that speaks volumes to the reader, and makes it easy for them to understand what you’re in the business of doing.
West Virginia requires your LLC name to be distinguishable from names already on the Secretary of State’s records, so a business entity search, or business name search, is the best way to avoid a rejected filing. If you plan to form a West Virginia LLC, this step ensures that your business name is unique and available.
The reason for the search is to avoid the collision of two or more businesses using the same name and confusing the customer. That means you should do a business entity search with the West Virginia Secretary of State’s website for a matching business name. Read on to learn about the importance of a business name search for West Virginia, and what’s involved in getting it done right.
Why do you need to do a business entity search when starting an LLC
Prior to forming your LLC, you should do a business entity or name search on the West Virginia Secretary of State (WVSOS) website. This matters because there may be a business that has the same name as yours, and is currently in operation. Your business name has to be unique and distinguishable in order to prevent confusion with a business that has a similar name and type of operation in West Virginia.
This search has to be done with WVSOS as it has the complete database for registered business names in the state. It’s worth noting that this only matters for the state of West Virginia, as business name searches are limited to businesses that currently exist in the state. A clear West Virginia search doesn’t mean the name is free to use everywhere. A business in another state may hold a federal trademark, so it’s worth searching the USPTO database too. The name search also prevents you from getting into legal trouble with a business entity that has the business name you’re looking to use.
State naming guidelines
The WVSOS has a guideline that lays out what you’re supposed to put into your business name, what you can’t, and that it has to be distinguishable from an existing registered name. The SOS states that the most common reason why a name gets rejected is due to the fact it’s already in use. Under West Virginia’s guidelines for registering your business name, your LLC name must include “limited liability company” or “limited company”, or an abbreviation such as “LLC”, “L.L.C.”, “LC” or “L.C.”. “Limited” can be shortened to “Ltd.” and “Company” to “Co.” (W. Va. Code §31B-1-105).
Beyond the ending, the Secretary of State won’t approve names that suggest a government agency (for example, using “Department”, “Bureau” or “Commission” in a way that implies a government tie), and “Foundation” or “Charitable” are limited to nonprofits. You don’t want to risk getting your business name rejected and having to come up with an acceptable one all over again.
Distinguishability is key to getting your name accepted by the SOS. This is defined as:
- A one-word difference between names when the words are common and the existing company appears to be in a similar business.
- A word order difference between names when the different word is an unusual term or proper name, or when the company is in a different business than the existing name.
Your business name has to be at least one word different from an existing name for it to be accepted. For example, if a currently existing name is “Bits and Bobs, Inc.” and you want to name your business “Bits and Bobs Corp”, it won’t be accepted because it’s not distinguishable. Changes in punctuation, capitalization, plurals, articles such as “the”, or the entity ending don’t make a name distinguishable.
Conducting a business name search in West Virginia: step-by-step guide with tips
Database
In order to start searching for a business name to find out if it’s registered or not, you begin with the WVSOS Business Entity Search page. The search lets you look up a business by a portion of its name. The online search only covers names registered with the Secretary of State. To check a sole proprietor or partnership trade name, call the State Tax Department at (304) 558-3333.
There is no fee to search the database, and you can use it as many times as you see fit. The only time you will pay a fee is if and when you decide to reserve the name for future use when forming your LLC.
Search tips
Search using only the most distinctive word in your name to see every possible conflict, then try as many variations and spellings as possible. You’re more likely to catch a match that didn’t show up in other searches.
Reviewing the results
The search lists each matching business with its name, entity type, city and status. Select Details to see its address, registration number, creation date and agent. Viewing records is free; a certificate of existence costs $10.
What can you do once you have a name (that is available)
Upon learning that your desired business name is available, you can take action to claim it as yours in one of a few ways:
- Reserve the name for 120 days for $15 (renewable once) so it’s available when you file your Articles of Organization. See our West Virginia LLC cost guide for other fees.
- Registering a trademark, which gives stronger protection than a state filing.
- Registering a matching domain name (this secures the web address, not legal rights to the name).
- Filing a West Virginia DBA if you plan to do business under a different name.
All of these options help preserve your chosen business name for your use, and help create an association with your business name and its services. It also makes it more difficult for a competitor to register a similar business name in the hopes of siphoning off your customer base.
Conclusion
Performing a business entity search to find out if your intended business name is available is a straightforward process. You may find that you have some changes to make, or you may find that the name you want is available for registration. It’s always a good idea to reserve a name when it’s available, then take actions to solidify your ownership of that name.
Once you’ve lined up your business name and reserved it, you can complete your articles of organization and file them to form your LLC. Your business is ready to move forward as an official LLC and enjoy the liability protection it provides.
FAQ
Every business in West Virginia is required to have a unique name to distinguish it from other businesses.
You can perform a business entity search on the West Virginia Secretary of State’s website.
It costs $15 to reserve a business name, and the name is held for 120 days until you register your LLC. You can renew the reservation once for another 120 days.
No. You only need a DBA (trade name) if your LLC will do business under a name other than its legal name. A DBA doesn’t give you exclusive rights to the name. For an LLC, each trade name filing costs $25.
Your LLC name must include limited liability company or limited company, or an abbreviation such as LLC, L.L.C., LC or L.C., and it must be distinguishable from names already registered with the Secretary of State.
You can modify the name you want and see if the SOS will accept it. Otherwise, you’ll have to come up with a different business name that’s not currently taken.