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DELAWARE

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Naming Your Delaware Corporation

You need the right name for your Delaware corporation. Choosing the right name is vital because it tells your suppliers, customers and employees what your business does. Delaware has several rules and regulations about what you can call your new business. Let’s explore what they are.

General Delaware Secretary of State Rules on Naming Your Corporation

  • The name of your corporation needs to be unique and not used by another corporation or business operating in Delaware
  • The name cannot be confused with any other business operating in Delaware
  • Choose a unique, distinct, original name for your Delaware corporation
  • See if the name is available by searching for it on the Delaware Secretary of State website.
  • The name of your business must include one of the following words: "association," "company," "corporation," "club," "foundation," "fund," "incorporated," "institute," "society," "union," "syndicate" or "limited"
  • You cannot use the word “Bank” or “Trust” in your business name without special permission
  • You can also be a Delaware corporation with a different “doing business as” name

Don't Confuse Your Delaware Corporation Name With Another Business Name

  • The following terms can’t be used to say your business name is different from another business name:
    • Suffixes like Corporation, Company, Incorporated, Incorporation, Limited, Corp., Co., Inc., Ltd., corporation
    • Definite articles like “A,” “And,” “An,” “&,” “The,” etc.
    • The singular, plural or possessive forms of a word
    • Punctuation and symbols
    • Abbreviations of words
    • Different typefaces, fonts, superscript, subscript, etc.
  • It should not be possible to confuse the name of your business with the name of another Delaware business
    • For example, you can’t claim that Purple People Co., Purple People Corporation, Purple People Incorporated, Purple People Corp. or Purple People are different from one another

Delaware Information on Naming a Corporation

  • You can reserve a name online. Please note that you do not need to reserve a name if you are forming a corporation right away.
  • By registering a corporation, the name will automatically be held for your business. You would normally only reserve a name if you are not planning on forming the new company anytime soon.
  • A name can be used to form any type of business entity, not just a corporation.
  • Just filing a name registration doesn’t guarantee you will be granted the name. You should wait until your corporation is legally formed before using the name for anything else.

Rules on Infringing on Service Marks or Trademarks Inside or Outside Delaware

In addition to the rules above, it’s also vital to see if your Delaware corporation name might infringe on the trademark or service mark of another business. For example, it might not be a good idea to call yourself “General Electric Research Services,” since General Electric is a trademark.

The easiest way to see if your proposed business name infringes is to carry out a trademark search. You can do that via the United States Patent and Trademark Office or Incfile can help you protect your business with our new Trademark Search and Registration service. You should also bear in mind that your Delaware business entity name cannot be substantially similar to an existing trademark or service mark.

What Should You Call Your Delaware corporation?

Finding the perfect name can be tough. You want a business name that:

  • Describes what your Delaware business does
  • Appeals to your planned audience
  • Makes your business easy to find
  • Is relatively unique
  • Doesn’t limit you to a particular location or type of product or service

Fortunately, we have some good advice on seeking out the perfect business name for your Delaware corporation. Check out our guidance on naming your business and get inspired.

You’ve Found the Perfect Name, What Next?

Once you’ve found the right name for your business, it’s time to make it a reality. Check out our packages for starting your Delaware corporation and form your corporation today.

Only $49 + State Free To Launch Your Business

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What are the fees and requirements to form a business in Delaware?

Filing Time and Price

The state charges this amount to file a new business entity. This fee goes directly to the Secretary of State.

State Fee State Filing Time Expedited Filing Time
$89 15 Business Days 5 Business Days

Compliance Requirements

This report is mandatory and must be filed within the specified time frame in order for the entity to remain in good standing with the state. Failure to file this report can lead to the company being revoked or administratively dissolved.

Delaware Franchise Tax Report

Frequency:  Annually

Due Date:  June 1st

Filing Fee:  $300

Learn more about starting a business in Delaware

Additional resources, guides, and articles for better decision making.

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