Delaware Business Name Search: How to Check and Reserve a Name
Delaware Business Name Search: How to Check and Reserve a Name
Before you file your LLC or corporation in Delaware, you need a name that is legally available and compliant with state rules. A Delaware business name search protects your investment, confirms your chosen name is not already in use, and gives you the foundation to proceed with filing. This guide walks you through the exact steps to search for availability and reserve a name if you're not ready to file immediately.
Why You Need to Check Name Availability First
Delaware's Division of Corporations maintains a registry of every active business entity in the state. Filing a duplicate name will be rejected by the state, delaying your formation and wasting your filing fee. A Delaware business entity search also prevents trademark conflicts down the road, keeps you from marketing under a name you cannot legally use, and saves money by catching conflicts before you invest in branding.
Additionally, a name reservation gives you breathing room. If you are still finalizing your business plan, securing funds, or coordinating with partners, you can reserve the name for 120 days without filing the full Certificate of Formation or Articles of Incorporation, then file later within that window.
What You Will Need Before You Start
You do not need much to perform a Delaware business name search, but have these items ready:
- Your proposed business name, the exact name you want to use (e.g., "Acme Marketing LLC" or "Smith Ventures, Inc.")
- Internet access, the search is performed online through Delaware's official portal
- A web browser, no special software or downloads required
- Your email address, for name reservation confirmation if you decide to reserve (optional for search only)
- Credit card, needed only if you decide to reserve the name ($75 fee) or file immediately
- 5 to 10 minutes, the search itself takes just a few minutes
Step-by-Step: How to Search Delaware Business Names
Step 1: Access the Delaware Division of Corporations Website
Go to the official Delaware Division of Corporations website at https://corp.delaware.gov/. This is the authoritative source for all Delaware business filings and name searches. Do not use third-party name search sites; they may charge fees or provide incomplete information. The state's own search tool is free and current.
Step 2: Locate the Business Entity Search Tool
On the homepage, look for the "Business Entity Search" or "Name Search" link. The direct URL is https://icis.corp.delaware.gov/Ecorp/EntitySearch/NameSearch.aspx. Click this link to open the search portal. You are now in the Incorporators' Corporate Filing System (iCIS), Delaware's online filing system.
Step 3: Enter Your Proposed Name
Type your proposed business name in the search box exactly as you want it to appear in your legal formation documents. The search is not case-sensitive ("Acme LLC" and "acme llc" return the same results), but spelling and spacing do matter. For example, "Acme Marketing" and "Acme-Marketing" are treated as different names. If you plan to file an LLC, include "LLC", "L.L.C.", or "Limited Liability Company" in the name at this stage.
Step 4: Execute the Search
Click the search button (usually labeled "Search" or "Find"). The system queries Delaware's active business registry and returns results within seconds. If the system is slow, wait; do not submit the search twice.
Step 5: Review Your Search Results
The results will show you one of three outcomes:
- No matches found: Your name is available. You may proceed to reserve it or file your formation documents immediately.
- Exact match found: A business with that exact name is already registered in Delaware. The search will show the business type (LLC, Corp, Partnership), its file number, and incorporation date. You must choose a different name.
- Similar names found: Names that are similar (but not identical) are shown for reference. Delaware law allows similar names if the entity types are different (an LLC named "Acme" can coexist with a Corporation named "Acme"), but this can cause confusion. Consider whether a different name would be clearer for your brand.
Step 6: Perform Secondary Searches (Optional but Recommended)
Even if your name is available in Delaware, check these sources to avoid future conflicts:
- Other states' business registries: Use your state's secretary of state website to confirm the name is not registered there.
- Federal trademark database: Visit the U.S. Patent and Trademark Office (USPTO) at www.uspto.gov and search the trademark database. A registered trademark with the same or similar name can prevent you from using your proposed name nationally.
- Domain name registrars: Check GoDaddy, Google Domains, or similar services to see if a matching domain name is available. An unavailable domain does not block your business name, but securing a matching domain strengthens your brand.
Understanding Your Search Results
Delaware displays search results in a straightforward format. Each result shows the business name, entity type (LLC, Corporation, Partnership), file number (a unique identifier), and the date it was incorporated. If a business is no longer active (dissolved or defunct), it may still appear in the search but will be marked as inactive. An inactive name generally cannot be reused exactly; you must modify it slightly or choose something different.
If you are unsure whether a similar name conflicts with your choice, the safest approach is to modify your proposed name. Delaware does allow names that are very similar (differing only in minor punctuation or word order), but the Division of Corporations may flag them as potentially confusing. Getting the name right before filing saves time and expense.
How to Reserve a Delaware Business Name
If your name is available but you are not ready to file your Certificate of Formation or Articles of Incorporation, you can reserve it for 120 days. A name reservation locks in your chosen name and prevents someone else from filing with it during that window. The reservation costs $75 and is non-refundable.
Step 1: Access the Name Reservation Portal
Go to the Delaware Division of Corporations name reservation page at https://icis.corp.delaware.gov/Ecorp/NameReserv/NameReservation.aspx. This is a separate tool from the search portal.
Step 2: Enter Your Business Name and Contact Information
Type your exact proposed name. Provide your name, email address, and phone number. Delaware will send a confirmation to your email once the reservation is filed. Make sure your email is accurate; this is where the state sends reservation status and renewal reminders.
Step 3: Review the Reservation Terms
Read and confirm that you understand the terms: the name is reserved for 120 days from the date of the reservation, and the fee is $75 non-refundable. If you file your LLC or Corporation during the 120-day window using the reserved name, the reservation fee does not count toward your formation filing fee; you pay both separately.
Step 4: Submit Payment
Pay the $75 fee using your credit card. Delaware accepts Visa, Mastercard, American Express, and Discover. The payment is processed immediately. Keep your confirmation email and reservation number for your records.
Step 5: File Within 120 Days
You now have 120 days to file your Certificate of Formation (for an LLC) or Articles of Incorporation (for a Corporation) using the reserved name. If you do not file within this window, the reservation expires and the name becomes available to others again. If you need more time, you may request a renewal, but each renewal is a separate $75 fee.
DBA Name vs. LLC/Corporation Name: What Is the Difference?
Delaware distinguishes between your legal business name (registered with the Division of Corporations as an LLC or Corporation) and a "doing business as" (DBA) or trade name (registered with the Division of Revenue). Many business owners use both.
Your LLC or Corporation name is your official legal entity name. If you form an LLC called "Tech Solutions LLC," that is your legal name on contracts, tax filings, and bank accounts.
A DBA (also called a trade name or fictitious name) lets you operate under a different public-facing name. For example, Tech Solutions LLC might do business as "TechFix" to reach a different market. You register a DBA separately with Delaware's Division of Revenue through the Delaware One Stop portal. The DBA fee is $25 (one-time, statewide, non-expiring registration). Check the DBA FAQ at https://revenue.delaware.gov/trade-names-faqs/ for more details.
For most startups, you only need to search and file your LLC or Corporation name. You can add a DBA later if you decide to operate under an additional business name.
Common Mistakes to Avoid
Searching an Incomplete Name
If you are forming an LLC, search with "LLC" or "L.L.C." included in the name. Searching for just "Acme" when you plan to file as "Acme LLC" leads to incomplete results and wasted time. Conversely, do not assume adding "Inc." changes a name enough to be unique; "Smith Ventures" and "Smith Ventures Inc." are treated as substantially the same name by the Division.
Not Checking Similar Names Carefully
A search that shows "similar" names (not exact matches) can be confusing. Review each result carefully. If the Division suspects your name is too similar to an existing one, it may reject your filing. If you see any potential conflict, change your name slightly to avoid a rejection after you have already paid filing fees.
Assuming Your Name Is Secure Without a Formal Reservation
A successful search only tells you the name is available today. If you do not file your formation documents within a few days, someone else could file with your chosen name. If you plan to wait weeks or months before filing, reserve the name to lock it in.
Forgetting the 120-Day Deadline
If you reserve a name, mark your calendar for day 120. Let your email reminders reach you so you do not miss the window. Once the reservation expires, the name is no longer yours, and the $75 fee is gone. If you need to extend, you must pay another $75 to renew.
Ignoring Trademark Conflicts
A name available in Delaware may be protected by a federal trademark. Filing under that name does not give you trademark rights and can lead to legal disputes. Check the USPTO database before investing heavily in branding.
Neglecting Domain Name Availability
If your chosen business name has no matching .com domain available, consider a slightly different name. A mismatched domain costs money to market around and confuses customers. Check domain availability before you finalize your business name.
Tips for a Smooth Name Search and Reservation
- Plan ahead. Search your name at least one week before your intended filing date. If conflicts arise, you have time to brainstorm alternatives.
- Use keyword variations. If "Acme Solutions LLC" is taken, try "Acme Solutions Group LLC," "Acme Consulting LLC," or "Acme Strategies LLC" and search each. You may find alternatives faster than starting from scratch.
- Keep a search log. Write down which names you have searched and their status (available, taken, similar conflict). This helps you remember what you have tested and prevents accidental duplication.
- Save your confirmation email. When you reserve a name, the state sends a confirmation email with your reservation number and expiration date. Save this; you will reference it when you file your formation documents.
- Verify the official URL. Delaware's official website is corp.delaware.gov. Do not trust third-party search sites or ads that promise faster searches; they charge fees and may provide outdated information.
- Do a final search before filing. Even if you reserved your name 30 days ago, run one final search immediately before submitting your formation documents to confirm it is still available. Mistakes or name changes by other businesses are rare but possible.
What Happens Next After You Reserve (or Search) Your Name
Once you have confirmed your name is available and optionally reserved it, your next steps depend on your business structure:
For an LLC: You are ready to file your Certificate of Formation with the Delaware Division of Corporations. The filing fee is $110. You will also need to appoint and maintain a registered agent with a Delaware street address (required for all Delaware LLCs).
For a Corporation: You will file your Articles of Incorporation with the Division of Corporations. The filing fee is $109. Corporations must also file an annual Franchise Tax Report each March (fee: $50) and maintain a registered agent.
For either entity: You will pay an annual business license fee to Delaware's Division of Revenue (typically $75 to $90 depending on your business category) and register with the IRS for an Employer Identification Number (EIN) if you have employees or will be taxed as a corporation.
Important Disclaimer
This content is for informational purposes only and does not constitute legal or tax advice. Delaware business formation involves specific legal requirements that vary based on your business structure, industry, and circumstances. Before filing your Certificate of Formation, Articles of Incorporation, or registering a DBA, consult with a qualified Delaware attorney to ensure your name complies with all state laws and your business is properly structured for your goals. A CPA or tax professional can also advise you on tax implications and required filings. The Delaware Division of Corporations website (corp.delaware.gov) provides official guidance, but personalized legal counsel protects your interests.
Quick Reference: Name Search Checklist
- ☐ Visit https://corp.delaware.gov/
- ☐ Go to Delaware business entity search at https://icis.corp.delaware.gov/Ecorp/EntitySearch/NameSearch.aspx
- ☐ Search your proposed name (including LLC/Inc. if applicable)
- ☐ Review search results for exact matches and conflicts
- ☐ Check trademark database at www.uspto.gov
- ☐ Check domain name availability
- ☐ If ready to reserve, visit https://icis.corp.delaware.gov/Ecorp/NameReserv/NameReservation.aspx
- ☐ Pay $75 reservation fee and save confirmation email
- ☐ Mark your calendar for 120-day expiration (or file within that window)
- ☐ Consult an attorney before filing formation documents