If you're planning to form your Washington LLC or corporation (which is sometimes referred to as “registering your business”), you’ll need to file a Certificate of Formation to form an LLC or Articles of Incorporation to form a corporation. These documents are filed with the Washington Secretary of State.
Before you file those documents, you need to choose a name for the LLC or corporation. The name that appears on the LLC’s Certificate of Formation or corporation’s Articles of Incorporation is its “legal name”.
And before filing with the state, it's a good idea to check whether the legal business name you want is available.
Washington state has rules on what you can name your LLC or corporation
Choosing a business name is one of the most important decisions for business owners. Your business name creates the first impression for customers, investors, partners, and potential employees. It can be frustrating to find the right name only to learn it is already taken when you try to register your business with the Washington Secretary of State.
As with other states, Washington has rules on what you can name an LLC or corporation.
The name of the LLC or corporation must be distinguishable in the records of the Washington Secretary of State from the name of any existing domestic entity that is not currently administratively dissolved, any foreign entity registered to do business in the state, or any name that has been reserved or registered by either a domestic or foreign entity.
A name is not considered distinguishable if it differs only by minor formatting or wording changes, such as:
- Business entity identifiers: For example, “Blue Horizon LLC” vs. “Blue Horizon Inc”. The difference in the entity suffix alone does not make these names distinguishable.
- Article and conjunctions: For example, “The Garden Market” and “Garden Market” are not distinguishable.
- Punctuation and capitalization: Names like "Bright-Star Marketing LLC" and "Bright Star Marketing LLC" are not distinguishable when punctuation, capitalization, or special characters are altered.
- Abbreviations or pluralizations: For example, "Mountain Peak Service" and "Mountain Peak Services" are not distinguishable based on the use of abbreviations or plural forms.
When determining if a business name is available, the Washington Secretary of State’s office only looks at names of entities registered with them. If you violate naming rules, your LLC or corporation might have its Certificate of Formation or Articles of Incorporation rejected.
When choosing a name for your Washington business, consider more than just its availability with the Secretary of State. You also need to be careful not to pick a name that is already trademarked.
If you choose a trademarked name, the owner might accuse you of “trademark infringement” or “unfair competition.” If that happens, you could be taken to court, forced to change your business name, and possibly pay damages.
When you file your LLC or corporation documents, the Washington Secretary of State does not check your proposed name against trademark or service mark registrations. So, just because you can form your LLC or corporation under a certain name does not mean there won’t be trademark issues.
About trademarking your Washington business name
When starting a business, you may choose to trademark your business name, but it isn’t required. You can operate under your business name without registering a trademark.
A trademark is a word, name, or symbol that identifies and distinguishes your products or services. For example, Apple’s logo instantly signals the brand when you see it.
Your business name may function as a trademark if you use it in commerce to identify your goods or services. While you can gain some trademark rights without registering with the U.S. Patent and Trademark Office (USPTO), federal registration provides stronger protection, especially if someone else tries to use your name.
In addition to federal registration, Washington allows you to register a trademark at the state level. This gives you exclusive rights within the state and helps protect against infringement locally.
It’s also worth noting that the Washington Secretary of State does not record trade names. (Trade names are registered with the Department of Revenue.) However, if a trade name is used to identify goods or services in commerce, it may qualify for trademark protection and can be registered as a trademark.
How to find if a business name is taken
Checking the availability of a business name early on can help you avoid costly mistakes and keep your launch on schedule. There isn't a single resource to search for conflicting business names for your Washington LLC or corporation, so it's best to use various methods to ensure you cover all your bases.
1. Check the internet
Enter a name you are considering into a search engine to see if anyone else is using a similar name for comparable products or services. Additionally, check if the website domain name you want is available by typing the name into the search bar and pressing enter. You can also use the ICANN WHOIS Lookup tool for this. ICANN manages all domain names.
2. Search the Washington Secretary of State Business Entity Database
Visit the Washington Secretary of State's Corporations & Charities Division page to search for the names of LLCs, corporations, and other formal entities that are registered.
Scroll down to find the "Corporation Search" box. Enter the full name of the business you’re searching for, or use a keyword for broader search results.
