How to Conduct a Delaware Business Search

Conducting a Delaware business search will ensure that the name you've chosen for your potential business has not already been chosen. The process is important for state compliance and online brand identity.

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Updated on: July 30, 2024 · 4 min read

When starting a Delaware business search, one of the first and most important steps is to ensure your desired entity name is not already the name of an existing business. This process involves researching names within the state's business registry, which is crucial to state compliance and online brand identity.

Delaware Secretary of State business search contact information

The Delaware Division of Corporations is located in the offices of the Delaware Secretary of State.

  • Websitecorp.delaware.gov
  • Address:  
    • Express Mail: Division of Corporations, John G. Townsend Bldg., 401 Federal St., Suite 4, Dover, DE 19901
    • Regular Mail: Division of Corporations, P.O. Box 898, Dover, DE 19903
  • Email: corp@delaware.gov

Your Delaware business name is how customers identify your company, which is why you should give your name a great deal of thought.

Search for a business name

Once you have chosen a name for your proposed business, you must ensure your business name has not been registered with the Delaware Division of Corporations.

Here are a few key steps to take to ensure company name success in Delaware:

  • Ensure your business name is unique and compliant: Use the Delaware Division of Corporations' business name search tool to confirm your chosen name does not clash with existing business entities or formed businesses and meets state naming requirements, such as including "LLC" or "Corporation."
    • To begin your search, visit the Delaware name search website. Type in the potential entity name.
    • The system will give you a list of business names that match or are close to the name of your potential business and the file number.
    • Click on the business name to also see the incorporation/formation date, registered agent name, address, phone number, and residency.
    • The business names are offered free of charge.
  • Consider your online presence: Secure a domain name that matches your business name for a cohesive online presence. Check social media for availability to establish consistent branding.
  • Conduct a trademark search: Conducting a trademark search in Delaware is critical to avoiding legal conflicts and infringement on existing trademarks that can result in a costly legal dispute and rebranding.

There are several legal requirements for naming your business in Delaware.

  • Availability: Check to see if the name you have chosen has been taken in the Delaware Entity Search database.
  • Corporate suffix: The name of your business must contain a corporate suffix, entity indicator, or entity ending.
  • Punctuation: The business owner decides if the business name will include punctuation. For example, you can use "Corp" or "Corp." in the name of your business—either spelling is correct.
  • Restricted words: In most cases, Delaware businesses are restricted from using the following words:
    • bank
    • trust
    • university
    • college
    • insurance

Once you have fully researched your business name in the Delaware Entity Search database, you can complete the process of reserving the name online.

  1. Submit name reservation request form: The name reservation request form is available online.
  2. Pay the fee: The fee for reserving your business name is $75. Check the Division of Corporations website for updates.
  3. Form processing: The name reservation request form and payment can be submitted online, by mail, or in person at the Division of Corporations office in Dover, DE.

Once your application is approved, your business name is held for 120 days. During this time, you can file formal business registration documents without worrying someone else will take the reserved business name.

A man wearing a red hat looks at his open laptop in his workshop. Your Delaware corporation name is how customers identify your company.

Can I reserve a name before I'm ready to open my business?

Yes, it's possible to reserve a business name in Delaware even if you're not ready to start your business. Placing your reservation in the system holds it for 120 days.

What happens if my name is already used?

If your chosen business entity name is similar to another registered business in the state of Delaware, the Division of Corporations may reject your name. This prevents confusion and ensures each business has a distinct identity.

Can I renew my business name reservation?

If you're not ready to register your business within the 120-day reservation period, you can apply for a new reservation to extend the hold on your business name. However, you will be required to submit a new application and pay the reservation fee again.

 

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This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.