A business name is crucial, reflecting a company’s identity and brand. Registering it correctly not only protects your legal rights but also builds trust with customers and partners. In California, this process follows specific rules depending on your business structure.
For Corporations, a name is acceptable if it’s distinguishable from other registered or reserved names with the California Secretary of State and doesn’t mislead the public. Similarly, Limited Liability Companies (LLCs) and Limited Partnerships (LPs) must also meet distinctness and non-deceptive criteria.
When checking name availability, the system only compares against names of the same business type registered with the California Secretary of State. For example, a proposed corporation name is only checked against other corporation names.
Business names are not checked against registered trademarks or fictitious business names. Laws concerning trademarks can be found in the California Business and Professions Code, Section 14200, and United States Code, Title 15, Section 1051. Laws concerning fictitious business names (filed in the county of the principal place of business) can be found in the California Business and Professions Code, Section 17900.
Before officially using a name, you can reserve it for 60 days. This ensures your desired name isn’t registered by someone else before you complete your business formation.
You can conduct a preliminary search of corporation, LLC, and LP names registered with the California Secretary of State online using the Business Search tool. Note: Business Search is a preliminary search only and is not considered an official name availability search.
Do not order stationery, signage, etc., and do not make any financial commitments until the appropriate formation, registration, or amendment documents have been submitted and approved by the California Secretary of State.
To ensure full compliance, consult the Guidelines Regarding Business Name Regulations, Requirements, and Restrictions.
You may reserve a name for a 60-day period. For faster processing, name reservations may be submitted online through the premium online service at bizfileOnline.sos.ca.gov.
A reservation may be renewed by the same submitter or for the benefit of the same party but may not be continuously renewed in 60-day increments. There must be at least a one-day lapse between reservation periods.
Reserving a name does not guarantee the name meets all federal and state requirements pertaining to a specific business entity type. The name will be reviewed for compliance at the time the document is submitted to the California Secretary of State for filing.
If a name is available for use in California, to protect the name for future use, an unqualified foreign (out-of-state) corporation that (1) is not registered with the California Secretary of State and (2) is not transacting intrastate business in California, may register its corporate name with the Secretary of State by submitting a Registration of Foreign Name – Out-of-State Corporation online at bizfileOnline.sos.ca.gov.
The registration is effective until the end of the calendar year in which the application is filed. An unqualified foreign (out-of-state) corporation may renew its registration by submitting a Renewal Application for Registration of Foreign Name – Out-of-State Corporation between October 1 and December 31 of each year online at bizfileOnline.sos.ca.gov. The renewal, when filed, will extend the registration period for the next calendar year.
A certificate from an authorized public official of the state or place of incorporation, to the effect that the corporation is an existing corporation in good standing in that state or place, must be attached to the Application and Renewal at the time of submission to the California Secretary of State.
To cancel a foreign name registration prior to the end of the calendar year, submit a Cancellation of Registration of Foreign Name – Out-of-State Corporation online at bizfileOnline.sos.ca.gov.
