A business name must be distinguishable from other businesses already registered or reserved with the California Secretary of State and must not mislead the public. This applies to corporations, limited liability companies, and limited partnerships.
The business name check is only performed against the same business type registered with the California Secretary of State. For example, a proposed corporation name is only checked against the names of other corporations.
Business names are not checked against registered trademarks or service marks or against fictitious business names. Laws relating to trademarks and service marks can be found in the California Business and Professions Code. Laws relating to fictitious business names (filed in the county of the business’ principal place of business) can be found in the California Business and Professions Code.
Prior to adopting a proposed name, the name may be reserved for 60 days. You may conduct a preliminary search of corporation, limited liability company, and limited partnership names registered with the California Secretary of State online. Note: The Business Search is a preliminary search only and is not intended as a substitute for an official name availability search.
It is advisable not to order stationery, signage, etc., and to refrain from making any financial commitments until the appropriate formation, registration, or amendment documents have been submitted and filed by the California Secretary of State.
A name may be reserved for a period of 60 days. For faster service, name reservations may be submitted online. A reservation may be renewed by the same applicant or for the benefit of the same party, but not for consecutive 60-day periods. There must be at least one day between reservation periods.
Reserving a name does not guarantee the name meets all federal and state requirements pertaining to a particular business entity type. Names are reviewed for compliance at the time documents are submitted to the California Secretary of State’s office for filing.
If a name is available for use in California, to protect the name for future use, a foreign (out-of-state) corporation not qualified (1) to transact intrastate business in California and (2) not registered with the California Secretary of State, may register its corporate name with the Secretary of State by submitting a Registration of Foreign Name – Out-of-State Corporation online.
The registration is effective until the end of the calendar year in which the application for registration is filed. A foreign (out-of-state) corporation not qualified may renew its registration by submitting a Renewal Application for Registration of Foreign Name – Out-of-State Corporation from October 1st to December 31st, annually, online. The renewal, when filed, extends the registration for the following calendar year.
A certificate of 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 filing with the California Secretary of State.
To cancel the registration of a foreign name prior to the end of the calendar year, submit an Application for Cancellation of Registration of Foreign Name – Out-of-State Corporation online.
