Choose a Business Name

Whether your company is a new West Virginia startup, or a company registered in another state and planning to do business in West Virginia, finding an available and acceptable name is an essential step to take before you register.

Is the Name Available?

The basic name requirement for all businesses that file organizing documents with the Secretary of State is that the new company may not file under a name which is not "distinguishable" from another registered company name, excluding trade names, which are not protected.  For more information about how name conflicts are identified, go to Name Availability.

• Check the name or names you want to use in the Business Organizations Data System.  The method you use for searching may limit the results and not give you a true picture.  Go to Name Availability for tips on searching to find all possible conflicts and information about when names of out-of-business companies become available again.  
• If you are uncertain about potential conflicts, call to discuss availability with our staff.  Telephone confirmations are not guaranteed.
• Use the name reservation process to get formal approval of your use of the name, and to protect the name while you prepare to file.

Complying with Name Restrictions

West Virginia law and rules set a number of restrictions on names which must be met before a reservation or organization filing can be accepted.  Most relate to company type designators.  Some related to protected terms, and some arise from professional licensing board rules. The code citations for the statutory restrictions are found on the Quick Finder Index.  Those limitations for different company types and for trade names are:

Corporation 

• Must use one of the terms "corporation, company, incorporated, or limited" or an abbreviation of the term, such as "corp., inc., co., ltd."  A foreign corporation which does not have one of these terms in its name must use a DBA name in WV including one of the terms.
• May not use any word or phrase that implies it was organized for any purpose other than the purpose stated in the articles of incorporation.
• May not use words implying the business of banking or insurance unless the company is authorized to engage in this business in West Virginia.
• May not include the word “engineer,” “engineers,” “engineering” or any combination of same unless the purpose of the corporation is to practice professional engineering and one or more of the incorporators is a registered professional engineer.
• For legal corporations and medical corporations, the licensing boards may require prior approval of the name.

Limited Liability Company

• Regular LLCs must use one of the following terms or abbreviations: "limited liability company,  limited company, LLC, L.L.C., LC, or L.C.".  Also,  limited may be abbreviated a "Ltd." and company may be abbreviated as "Co.".
• Professional LLCs (only those professions authorized) must use one of the following terms or abbreviations:  "professional limited liability company, professional L.L.C., professional LLC, P.L.L.C. or PLLC".
• The professional licensing boards may require prior approval of the name.

Limited Liability Partnership

• Must use"Registered Limited Liability Partnership" or the abbreviation "L.L.P." or "LLP" as the last words or letters of its name.

Limited Partnership

• Must contain the words “limited partnership,” or the abbreviation “Ltd. Partnership,” “LP” or “L.P.”
• May not contain the name of a limited partner unless: (i) It is also the name of a general partner or the corporate name of a corporate general partner; or (ii) the business of the limited partnership had been carried on under the name before the admission of that limited partner.
• May not include the words "engineer", "engineers", or "engineering"  unless the purpose of the corporation is to practice professional engineering and one or more of the incorporators is a registered professional engineer.

Voluntary Association or Business Trust

• Must meet the requirements for corporate names, except that the name may not contain the words "incorporated," "corporation," "limited," or any abbreviation of these terms.

Registered Trade Names

• Must meet the requirements for the company type, except that the type designator words or abbreviations are not required for corporations, limited partnerships and limited liability partnerships.
• Due to a specific requirement in the law, limited liability company trade names must include one of the "LLC" type designator terms or abbreviations.

Other Business Types

Sole proprietorships, general partnerships, and unincorporated nonprofit associations are not subject to the same restrictions as the business types listed above.  They also gain no name protection on filing an application for business license with the State Tax Department. 

In choosing a name, however, it is important to remember that some names are protected through trademark or service mark registration, both at the state and federal level.  Finding a unique name will help avoid potential legal conflicts.