Delaware has become the preferred state in which to incorporate a business in the US because of its business-friendly environment, favorable tax laws, and specialized court system focused on business disputes. The high number of businesses incorporated there—more than 2 million as of the end of 2024—has strengthened Delaware’s reputation as a haven for companies of all sizes and stages.

You have to choose a company name when incorporating in Delaware or anywhere else, and the first step is confirming the availability of that name in your state of incorporation. Below, we’ll describe how to choose a business name in Delaware and what you should consider.

What’s in this article?

• How to check company name availability in Delaware
  
• Company naming rules in Delaware
  
• How to reserve and register company names in Delaware
  
• Key considerations when naming your company in Delaware
  
• How Stripe Atlas can help
  

How to check company name availability in Delaware

To check the availability of a company name in Delaware, you can use the tools provided by the Delaware Division of Corporations. Here’s a step-by-step guide to help you through the process:

1. Open the name search tool: Open the name availability search tool on the Delaware Division of Corporations website. This tool will help you verify if a company name is taken in Delaware.

2. Conduct a name search: Enter the name you wish to use for your business in the search tool. Exclude any business entity suffixes such as “LLC” or “Inc.” when you perform the search. This will give you a broader range of similar names and help you determine whether there are any conflicts.

3. Analyze the search results: Once you submit your search, you’ll receive a list of names that are identical or similar to the one you entered. Review these results carefully. If your desired name is too similar to an existing name, you might need to consider alternative names.

4. Check for name variations: Check variations of your desired name as well. This includes different spellings, phonetic equivalents, or names that sound similar. The goal is to confirm your chosen name is distinctive and not likely to be confused with existing businesses or nonprofits. If you plan to operate under a name different from your official registered corporation name, you'll also need to check the availability of a “doing business as” (DBA) name, also known as a trade name or fictitious business name. DBA availability is separate from the legal entity name search and is typically checked and filed at the county level in Delaware rather than through the Division of Corporations. Contact your county clerk’s office or check its website to search existing trade name registrations and file a DBA if your desired name is available.

Even if your chosen name is available, it still must meet all other naming guidelines set forth by the state of Delaware.

Company naming rules in Delaware

Delaware has specific rules and guidelines governing how you can name your company. These rules create clarity and help to maintain certain legal standards.

Consulting with a legal professional can help ensure your business name follows Delaware rules. If you have chosen a name but are not ready to register your company, Delaware lets you reserve a name for up to 120 days.

Here’s an overview of the key naming rules for companies in Delaware:

• Distinctiveness: The name of your Delaware company must be distinguishable from the names of other businesses or nonprofits registered in the state. This helps prevent confusion and ensures each company can be uniquely identified.

• Corporate suffix: Your company name must end with the proper designator for your type of business entity. For corporations, common suffixes include “Incorporated,” “Corporation,” “Company,” or abbreviations such as “Inc.,” “Corp.,” or “Co.” For limited liability companies (LLCs), the name must include “Limited Liability Company” or an abbreviation such as “LLC” or “L.L.C.”

• Restricted words: Certain words are restricted and might require additional approvals or qualifications to use. For example, using words such as “bank,” “attorney,” or “university” might require additional documentation and approvals from relevant state authorities.

• Prohibited words: Delaware law prohibits certain words in business names that could mislead the public. For instance, a company cannot use words that suggest it is a governmental agency.

• Specific business type requirements: Depending on your company type, there might be additional naming rules. For instance, professional corporations providing licensed services (such as legal or medical services) have specific requirements.

Note that state-level availability alone is not the only important factor when choosing a business name. A name can be free to register in Delaware while still being protected by a federal trademark held by another business. Search the United States Patent and Trademark Office’s federal trademark database before committing to a name, since using a trademarked name—even unknowingly—can expose your business to possible infringement claims.

How to reserve and register company names in Delaware

Reserving and registering a company name in Delaware are two distinct steps that follow a successful name availability check. Reserving a name holds it for 120 days for a $75 fee, preventing other entities from claiming it while you prepare your paperwork for starting your business.

Registering a name, on the other hand, permanently secures it by filing a certificate of incorporation with the Delaware Division of Corporations, a more formal process that includes details such as your company's purpose, registered agent, stock information, and incorporator details, along with the applicable filing fee. Here's how to do both:

Reserving a company name in Delaware

• Submit a reservation request: The name availability search tool will offer the option to reserve your company name once you’ve determined it’s available. Select “Yes” and proceed to payment.

• Pay the reservation fee: There will be a fee for reserving a name. The exact amount and payment methods available will be detailed on the Delaware Division of Corporations website when you proceed to payment.

• Receive confirmation: You’ll receive a confirmation once your reservation request and payment are processed. This reservation typically holds the name for 120 days, during which time no other entity can register a company with that name in Delaware.

Registering a company name in Delaware

• Prepare the certificate of incorporation: Prepare and file a certificate of incorporation with the Delaware Division of Corporations. This document includes details about your business such as its name, purpose, registered agent information, stock details, and incorporator information.

• Review state requirements: Check that your certificate of incorporation request complies with Delaware state requirements. You can find guidelines and templates on the Delaware Division of Corporations website.

• File the certificate of incorporation: Submit your certificate of incorporation request to the Delaware Division of Corporations. You can do this online or by mail. A filing fee will apply, and the amount will depend on factors including the company’s number of authorized shares.

• Receive confirmation: Once the state has processed and approved your certificate of incorporation, it will confirm that your corporation is officially registered and that the name is secured for your use.

Key considerations when naming your company in Delaware

Your choice of business name can have long-lasting implications for your brand identity, legal standing, and overall business strategy. Here are some key factors to consider when naming your corporation:

Legal and regulatory considerations

• Compliance with state laws: Your name must adhere to the legal requirements of the state in which you’re incorporating.

• Distinguishability: Your business’s name must be distinguishable from other names on the state register, meaning it cannot be identical or confusingly similar to an existing registered entity. Delaware applies a “distinguishable upon the records” standard, which means even small differences in spelling, punctuation, or word order may not be enough to qualify your name as distinct. For example, “Acme Corp.” and “Acme Corporation” might be considered too similar. To avoid rejection, aim for a name that is significantly different from any existing registered entities.

• Trademark concerns: Your business name cannot infringe on existing trademarks. Conduct a comprehensive trademark search to avoid legal conflicts and potential rebranding.

• Domain availability: Your chosen name should have a suitable domain name available. Having a matching or relevant domain is key for your online presence and marketing strategy.

• Growth: Your name shouldn’t limit your business or nonprofit to a particular geographic location or product line, unless that’s your intent. A versatile name can accommodate expansion and diversification.

Personal and branding considerations

• Brand image: Your business’s name is often the first point of contact with your audience and can affect customer perception, marketing, and brand equity. The name should reflect the brand image and values you want to convey.

• Memorability and pronunciation: A good company name should be easy to remember and pronounce. This helps word-of-mouth marketing and makes it easy for potential customers to find and refer to your business.

• Cultural sensitivity: Be mindful of how your name translates in different languages and cultures, especially if you plan to operate internationally. Avoid names that might have negative or offensive connotations in other cultures.

• Longevity: Choose a name that will stand the test of time. Trendy names might lose relevance or appeal as trends change. A timeless name allows for long-term brand stability.

• Personal connection: Some business owners prefer to include their name in the corporation, which can add a personal touch and convey a sense of ownership and trust. Consider the implications for your privacy and the business’s future, especially if you plan to sell the company or expand ownership.

How Stripe Atlas can help

Stripe Atlas sets up your company’s legal foundations so you can fundraise, open a bank account, and accept payments within two business days from anywhere in the world.

Join 75K+ companies incorporated using Atlas, including startups backed by top investors like Y Combinator, a16z, and General Catalyst.

Applying to Atlas

Applying to form a company with Atlas takes less than 10 minutes. You’ll choose your company structure, instantly confirm whether your company name is available, and add up to four cofounders. You’ll also decide how to split equity, reserve a pool of equity for future investors and employees, appoint officers, and then e-sign all your documents. Any cofounders will receive emails inviting them to e-sign their documents, too.

Accepting payments and banking before your EIN arrives

After forming your company, Atlas files for your EIN. Founders with a US Social Security number, address, and cell phone number are eligible for IRS expedited processing, while others will receive standard processing, which can take a little longer. Additionally, Atlas enables pre-EIN payments and banking, so you can start accepting payments and making transactions before your EIN arrives.

Cashless founder stock purchase

Founders can purchase initial shares using their intellectual property (e.g., copyrights or patents) instead of cash, with proof of purchase stored in your Atlas Dashboard. Your IP must be valued at $100 or less to use this feature; if you own IP above that value, consult a lawyer before proceeding.

Automatic 83(b) tax election filing

Founders can file an 83(b) tax election to reduce personal income taxes. Atlas will file it for you—whether you are a US or non-US founder—with USPS Certified Mail and tracking. You’ll receive a signed 83(b) election and proof of filing directly in the Stripe Dashboard.

World-class company legal documents

Atlas provides all the legal documents you need to start running your company. Atlas C corp documents are built in collaboration with Cooley, one of the world’s leading venture capital law firms. These documents are designed to help you fundraise immediately and ensure your company is legally protected, covering aspects like ownership structure, equity distribution, and tax compliance.

A free year of Stripe Payments, plus $50K in partner credits and discounts

Atlas collaborates with top-tier partners to give founders exclusive discounts and credits. These include discounts on essential tools for engineering, tax, finance, compliance, and operations from industry leaders like AWS, Carta, and Perplexity. We also provide you with your required Delaware registered agent for free in your first year. Plus, as an Atlas user, you’ll access additional Stripe benefits, including up to a year of free payment processing for up to $100K in payments volume.

Learn more about how Atlas can help you set up your new business quickly and easily, and get started today.