Coming up with a name for your new NJ Limited Liability Company seems like a no-brainer. However, you must make sure that you choose a unique perfect name for a New Jersey LLC. Why? First, this is what your clients will first see and you want it to be memorable. Secondly, it will differentiate you from other businesses and ensure that your clients do not confuse you with your competitors. Most importantly, the state requires you to have one. Without setting yourself apart, the state will not grant you the right to operate within its jurisdiction or register with the New Jersey Department of the Treasury.
To help you get started on the right track, you need to perform an LLC name search on the names you would like to use as we will cover in this article.
Reasons to Perform an LLC Name Search
While most people perform New Jersey LLC name availability searches to see if anyone else has used their preferred names, you can also run one to:
- Find Similar Names: If someone else has a unique business name that’s close to yours, your clients can end up confused and your competitor can ride on this confusion.
- Check Your Status: You can also use this opportunity to see if you have good standing with the state. An investor may also do this before getting into a contract with you to make sure you have the Certificate of Formation in top shape.
- Confirm Contact Details: As you start your business, you will elect someone to serve as a business service of process. This individual or company will have a publicly listed address and you can check them up to see if they are registered.
- Confirm Company Details: Once you update your LLC’s information or principal address, you can run a check to see if this reflects on what’s available to the public.
How to Perform a New Jersey LLC Name Search
If you already have an up and running an LLC in New Jersey, you can still use the search page to see your details. You will need the name or business ID to look up the business, from which the database will show you details about the same or similar businesses. Information such as an address, entity type, and registration date will pop up on the screen. To reduce the time spent scouring the screen, you can also submit a request for a Status Report and get similar details. This table can guide you on the process you need to follow.
What If My Name Is Unavailable?
If you look up your LLC desired name and realize that someone else beat you to it, the only option is to go back to the drawing board. Try and think out of the box and see what you can think of and run this instead. Suppose you are already operating a domestic LLC under a name e.g., ABC Sweets in another state and want to use it in New Jersey but someone else already uses it, your only option is to file a Doing Business As name. You can use another name such as XYZ Sweets and continue your operations in the state.
How to Make a New Jersey LLC Name Distinguishable?
Coming up with a unique name is just one of the steps you need to follow and it is not enough to register an NJ LLC name. While nobody else may have used the name, the state can still refuse that you use it if you do not follow the statutory business requirements which include:
- Ensuring that you use the words limited liability company as a suffix. If you will not use the words in full, you are free to choose a suitable suffix.
- Not using words that allude to you running a parastatal, government agency, or anything that can trick the public into thinking you offer governmental services.
- Not using any words which, though legal, are not considered polite.
While you may have followed all the requirements, a distinguishable name can still get thrown out if it is too similar to someone else’s. Please note that uniqueness does not amount to:
- Adding an article. For example, if someone’s company is ‘ABC Sweets’, you cannot start a business known as ‘The ABC Sweets’ and claim that it’s original.
- Changing the suffix. You cannot use ABC Sweets LTD and yet someone else has ABC Sweets LC.
- Using a connecting term. For example, you cannot state that ABC Sweets is different from ABC and Sweets.
- Using spacing, capitalizing some letters, punctuating, or even using an existing word as a plural or singular word. For example, you cannot take ABC Sweets and call it ABC Sweet and expect it to go through.
The only way to succeed in naming your LLC is by brainstorming and ensuring that it is a unique LLC name with no ties to existing New Jersey LLC search terms. However, you can always try to mix up the words in an existing name and see what you can get, as long as it’s not similar to the original term.
What to do after choosing a name for an LLC?
Once you have established that you have struck gold and nobody else has used your name, it’s time to strike while the iron is hot. You have two options in this case. In the first instance, you can go straight ahead and start the business, thus putting the name to use and ensuring nobody else can use this. It’s the sure way to keep the name unavailable and you can keep using it until you terminate your business. Look up how to register your business and get started on this.
The second option is to reserve and protect a business name. Let’s suppose you cannot start a business now because you are not ready for the paperwork, haven’t come up with an LLC business plan, or need to get your finances in order. If you wait, someone else can snatch up your name which can put you back in square one. Luckily, the state allows you to keep waiting without someone else using your name if you reserve it. It will cost you $50 and will remain valid for up to 120 days of exclusive rights. During this time, you can get your ducks in a row and use the name before the time runs out. After this period lapses and you still haven’t used the name, it will be available to the public.