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The California Secretary of State must approve all corporate names.
Many names are rejected because another company has already incorporated using that name.
To avoid having your incorporation papers rejected
because of name problems, it is best to reserve your corporate name first. | |
| Forms to use |
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Name Reservation Form |
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| Your name must satisfy 2 conditions |
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Your proposed corporate name:
- Must be acceptable to the California Secretary of State; i.e. not misleading,
and clearly distinguishable from other corporate names
- Cannot infringe upon someone's trademark or tradename. The Secretary of State's office
will not confirm this; it is YOUR responsibility to do this.
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| What to do |
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- Choose several potential names. It is best to have Incorporated, Inc.,
Corporation or Limited at the end of the name so that creditors know that they
are dealing with a corporation.
- Mail your request with up to four names in preferential order to Sacramento.
- Include a check or money order for $10 made payable to the Secretary of State. Do not send cash!
- The Secretary of State's office will check your names and reserve the first available one.
If none of the names are available, they will return your check...and you can start over again.
This process usually takes one or two weeks.
If you are in a hurry, you can visit the Secretary of State's office in Los Angeles, Sacramento,
San Diego or Fresno. Bring
TWO checks for $10 and your proposed corporate name. Usually, they can advise you if
your name is available within 15 to 30 minutes. |
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| If your name has been taken |
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You can either find a new name, or if your "perfect name" won't infringe
on an older company's trademark or trade name, you can file a fictitious name statement using
your "perfect name" and use a "boring" name for your legal corporate name. Here's what to do.
- Choose any "boring" name and reserve it with the Secretary of State.
- Satisfy yourself that your perfect name will not infringe on an older company's trademark
or trade name. If there is any evidence that another company is already using that name,
please contact an attorney to determine whether your use will be infringing on them.
- Assuming that there are no infringement problems, visit the County Clerk's office
and check their fictitious names records to verify that another business has not registered
your "perfect name" in your county. If not, you may then file a fictitious name
statement and conduct your business using your "perfect" name.
For example, supposed your perfect name is "Joe's Hamburgers" but the name is already
taken by another California corporation. You can organize as Alpha Inc. Then, after assuring
yourself that you will not infringe on any other company with the name "Joe's Hamburgers,"
and no other business has filed the fictitious name in your county, you can file a fictitious
name in your county for "Joe's Hamburgers." Once filed, you can legally conduct business
as Alpha Inc., dba Joe's Hamburgers. Dba means doing business as. Note: You only have to use
your full name, Alpha Inc., dba Joe's Hamburgers for legal and tax purposes. To your customers,
you will be Joe's Hamburgers. |
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| Non-California businesses |
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If your true name is already taken in California, contact the Secretary of State's
office for assistance. Your business may have to be registered using a fictitious name
at the state level. |
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| Cost/Where to Mail |
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$10 check or money order made payable to the Secretary of State. Mail the reservation
form to:
Secretary of State
Name Availability Unit
1500 11th Street, 3rd Floor
Sacramento, CA 95814
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| Other businesses can use your name without Inc. or Corp. |
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Incorporating only protects your
full legal name (with Inc. or Corp.) from being used as the name of another California corporation.
If you want to protect your business name from being used by others, you should consider
registering it as a trademark or a service mark. Simply registering it as a trademark however,
is not sufficient. You must consistently and continually use the trademark and watch for, and notify
possible infringes of your trademark. Please consult a business attorney for further information.
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| 60 day deadline
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Your name is reserved for 60 days. If your
Articles of Incorporation
aren't filed by then, you must start again, and re-reserve the name with the Secretary of State.
The law requires that you wait one day after your name reservation has expired to re-reserve the name.
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| Questions? |
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Visit
http://www.sos.ca.gov/business/contact.htm or
| Sacramento | 1500 11th St. | (916) 657-5448 |
| Los Angeles | 300 South Spring St. Room 12513 | (213) 897-3062 |
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