Whether you’re searching for the right business name for your North Dakota S Corp or North Dakota C Corp, we can help. We’ve got all the information you need on how to conduct an ND Secretary of State business search, plus business naming rules, trade names and trademarks.
General Rules for Corporation Names
These rules generally apply to all corporations, wherever they're formed.
The name you select cannot be in use by any other business in the state. This is why it's so important to perform a North Dakota State corporation search before you begin your incorporation paperwork.
It’s not enough for your corporation name to be unique. It also cannot be comparable to the name of another business in the state. In addition, you cannot use any of the following features in an attempt to differentiate your corporation name from that of another business:
- Suffixes, such as Corporation, Company, Incorporated, Incorporation, Limited, Corp., Co., Inc., etc.
- Definite articles, such as “A,” “An,” or “The”
- The conjunction "And," or “&"
- Numbers in place of numerals (or vice versa), e.g., "One World" is the same as "1 World"
- The singular, plural or possessive forms of words
- Abbreviations, punctuation, symbols, fonts, typefaces, etc.
All corporations must use one of the following in their names, usually at the end of the name: “Incorporated,” “Corporation,” “Limited” or their abbreviations.
Most states will not allow you to incorporate with names that:
- Are similar to the name of a federal or state agency or organization (e.g., FBI, FDA, North Dakota Tax Commissioner, North Dakota Rangers, Treasury, etc.)
- Suggest affiliation with a federal or state agency or organization
- Use the term “Olympic” or any terms that are trademarks of the International Olympic Committee
- Imply a purpose that would be illegal for your business to carry out
Specific Rules for North Dakota Business Names
In addition to the general rules listed above, you'll need to follow some North Dakota corporation laws that apply to naming your business.
For example, per the North Dakota Century Code (NDCC) Title 10, Chapter 10-19.1, § 10-19.1-13, the name of a corporation " must contain the word "company", "corporation", "incorporated", "limited", or an abbreviation of one or more of these words."
In addition, NDCC Title 10, Chapter 10-19.1, § 10-19.1-13 contains certain requirements for naming a corporation.
Coming Up with the Ideal Business Name
An ideal business name can be difficult to find. We have a complete guide to choosing the right business name, but essentially, you'll want to choose a name that will:
Need help coming up with business name ideas? Try our free name generator.
North Dakota Corporation Name Search
Once you have an idea of the name you want, perform an ND corporation search to make sure another company isn't already using that name.
You can use the state's FirstStop online portal to perform a name search.
You can also use our simple and convenient Business Name Search Tool, which will search the state's business registry for you.
Trademarks and Service Marks
You must be careful that your North Dakota corporation name doesn't infringe on the trademark or service mark of another business. The easiest way to ensure you're not infringing is to perform a trademark search through Incfile. If the trademark isn't already in use, you can even register it yourself.
Register a DBA in North Dakota
You may do business under a name different from your corporation's legal name. While many states refer to this as an assumed name, fictitious name or "doing business as" (DBA), it's a trade name in North Dakota. You may decide to use a trade name for a variety of reasons.
For example, your primary business may be called Anon Media, Inc., and you have a chain called Anonymous. You could register a trade name just for that brand. You'd do that by filing a form for a Trade Name Registration, or you can have Incfile do it on your behalf with our DBA service.
In order to keep your business names unique, you can also use the North Dakota business entity search. You can perform a North Dakota trade name search to find out whether any other companies are already using the trade name you want. We can also help you with this via our DBA name service.
Note: A trade name is not the same as a trademark. Learn more about trademark vs. DBA.
Register Your Business Name with the ND Secretary of State
You’ve performed a North Dakota SOS business search, checked availability, followed the naming rules and determined whether you need a trade name. Now you can register your corporation name in one of two ways.