A Practical Guide to Obtaining, Protecting, and Changing Your LLC Name

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Starting a small or medium-sized business (SMB) as an LLC is a big step. Your LLC name? That’s your first real handshake with the world. It’s how customers find you, remember you, and trust you.

This guide walks you through how to pick, secure, change, and protect your LLC name in Florida, Delaware, Nevada, Wyoming, and Texas—five of the most common formation states for new business owners.

We’ll also cover what to do if your name is taken and how to shield your brand from competitors down the line.

Part 1: Obtaining an LLC Name

Each state has its own rules, but the basics are similar: your name must be unique, follow legal naming guidelines, and include an LLC designator like “LLC” or “Limited Liability Company.”

Florida

1. Search and Select:
Avoid restricted words like “bank,” “trust,” or “insurance” unless licensed (Florida Statutes § 605.0117). Use Sunbiz.org to make sure your name is distinguishable.

2. Reserve the Name (Optional):
File an Application for Reservation of Name for 120-day protection if you’re not ready to file.

3. Register Your LLC:
Submit Articles of Organization with your name and a registered agent. Stay compliant with annual reports.

Tip: Secure your domain name early to match your LLC.

Delaware

1. Search and Select:
Must include “LLC” or equivalent (Delaware Code § 18-102). Avoid names suggesting government affiliation.

2. Reserve the Name (Optional):
File with the Division of Corporations for 120-day reservation.

3. Register Your LLC:
Submit a Certificate of Formation with the LLC name and registered agent details.

Tip: Delaware offers privacy—member names aren’t public. Run a trademark search early if you’re aiming for long-term growth.

Nevada

1. Search and Select:
Include “LLC” or equivalent, and steer clear of restricted words (Nevada Revised Statutes § 86.171). Use SilverFlume.

2. Reserve the Name (Optional):
Secure your name for 180 days through SilverFlume.

3. Register Your LLC:
File Articles of Organization. You’ll also need an Initial List of Managers/Members and a State Business License.

Tip: Nevada requires manager/member names in public filings, so it offers less privacy compared to Wyoming.

Wyoming

1. Search and Select:
Names must be unique and include “LLC” (Wyoming Statutes § 17-29-108). Check availability at sos.wyo.gov.

2. Reserve the Name (Optional):
Lock in the name for 120 days.

3. Register Your LLC:
File Articles of Organization online or by mail.

Tip: Wyoming is privacy-friendly and cost-effective. Member names aren’t public. Grab your domain name early.

Texas

1. Search and Select:
Names must include “LLC” and be distinguishable (Texas Business Organizations Code § 5.053). Use SOSDirect (small fee applies).

2. Reserve the Name (Optional):
File Form 507 to hold the name for 120 days.

3. Register Your LLC:
Submit a Certificate of Formation (Form 205).

Tip: No state income tax—but watch for the franchise tax. Align your LLC name with social media handles for brand clarity.

Universal Tip: Before finalizing, check the USPTO’s TESS database to avoid trademark conflicts and to clear the way for your own filing (see below).

Part 2: What If Your Desired Name Is Taken?

You have options:

1. Modify the Name

Tweak the name slightly. Example: “Jenn’s Bakery LLC” becomes “Jenn’s Artisan Bakery LLC.”

Alternatively, use a DBA (Doing Business As) to operate under a more marketable name. DBAs don’t provide legal name rights but allow flexibility.

State-Specific DBA Rules:

• Florida: Register via Sunbiz.org (Florida Statutes § 865.09).

• Delaware: Register a Trade Name with the Division of Revenue.

• Nevada: File a Fictitious Firm Name via SilverFlume (NRS § 602.020).

• Wyoming: Check county requirements—no statewide DBA system.

• Texas: File Form 503 with the Secretary of State and your county clerk (Texas Business and Commerce Code § 71.002).

Tip: DBAs are great for branding but don’t secure exclusive name rights. Always search for trademarks first.

2. Form in Another State, Register as a Foreign LLC

Can’t get the name in your home state, but it’s open in Wyoming or Nevada? Form there and register as a foreign LLC in your home state.

Steps:

• Form the LLC in Wyoming (Articles of Organization).

• Register as a foreign LLC in your home state.

Registration Laws by State:

• Florida: § 605.0902

• Delaware: § 18-904

• Nevada: § 86.544

• Wyoming: § 17-29-701

• Texas: § 9.005 (Form 304)

Tip: This route increases costs (dual filings, registered agent in the state of formation, annual reports, etc.), but it may be worth it to get the name you want, for privacy (Wyoming), or legal protection (Nevada). Talk to a lawyer first.

Part 3: Changing Your LLC Name

Need to rebrand or don’t like your current name? Here’s how to legally change your LLC name:

• Florida: File Articles of Amendment (Florida Statutes § 605.0116).

• Delaware: File a Certificate of Amendment (§ 18-206).

• Nevada: Use SilverFlume to file Articles of Amendment (§ 86.221).

• Wyoming: File an Amendment to Articles of Organization (§ 17-29-111).

• Texas: File Form 424 (Texas Business Organizations Code § 3.057).

Then update:

• IRS records (EIN)

• Licenses, bank accounts

• Contracts, website, marketing

Tip: Check name availability and estimated processing time before filing. Processing takes 5–10 days in Florida, 2–3 weeks in Delaware.

Part 4: Protecting Your LLC Name from Competitors

You’ve got your name. Now defend it.

1. Register a Federal Trademark

Federal trademarks protect you nationwide (15 U.S.C. § 1051). Prevents others in your industry from using your name or anything confusingly similar.

Steps:

• Search USPTO’s TESS database.

• File through TEAS (Plus or Standard).

• Pick the right class of goods or services.

• Show proof you’re using the name in commerce.

• Monitor the app—approval can take 6–12 months.

Tip: Hire a trademark lawyer if you're unsure. Once approved, use the ® symbol and renew every 10 years.

2. Consider State-Level Trademarks

These protect your name within a state.

• Florida: File via Sunbiz.org (Florida Statutes § 495.031). Submit at least one specimen in use.

• Nevada: File with Secretary of State (NRS § 600.340).

• Wyoming: File with Secretary of State (§ 40-1-102).

• Texas: File Form 901 (§ 16.012).

• Delaware: No state trademark registration—rely on federal or common law rights.

Tip: State marks aren’t as strong, but they help if you operate locally.

3. Monitor and Enforce

• Search TESS regularly.

• Check Google, AI, and state registries.

• Use Google Alerts for your name.

• If you find infringement? Send a cease-and-desist letter. Lawyer up if needed.

Tip: Keep dated records—ads, invoices, website screenshots—to prove you’ve used the name in commerce.

4. Secure Digital Assets

• Buy your .com, .co, and other domain variations.

• Grab social media handles (even if you don’t use them yet).

• Set up brand alerts.

Tip: Better to park a domain than lose it to someone who wants your traffic.

5. Use It or Lose It

Include “LLC” in all contracts and legal docs. Don’t drift into using unregistered DBAs. It weakens protection.

Tip: Brand protection isn’t a one-time task. Reinvest in it. A strong name is a business asset—and a lawsuit shield.

Final Word

Naming your LLC is more than checking a box. It’s about planting a flag. Choose wisely, register it properly, and defend it fiercely.

If the name you love is taken, tweak it or form your LLC elsewhere. If your name no longer fits, change it with your state. And once your business is up and running, protect that name like your livelihood depends on it—because it does.

Need help? Don’t guess. Consult a business attorney.

Your name is the heart of your business. Guard it well.

Have an interesting business question and need a free bit of advice? Send your question to [email protected]. No confidential info, please!