The vast majority of businesses in Maine are small businesses, and there鈥檚 no more popular option for small business formation than the limited liability company. And, of course, every LLC needs a name. The name should be easy to remember and can tell the world what it is that you do. Additionally, it must conform to Maine regulations regarding LLC names, and a key requirement is that it can鈥檛 have a name that鈥檚 the same as or too similar to a company that鈥檚 already doing business in Maine.
Once you have a name in mind and you want to start your LLC in Maine, you need to make sure that it isn鈥檛 already taken. A business entity search at the Maine Secretary of State website will show you all business names that are the same as or similar to the one you鈥檝e selected. If you see your name in the list, you can鈥檛 use it. If you see a name that鈥檚 similar, the state may rule that your name is not distinguishable from the other. If so, Maine will reject your Articles of Formation.
Even if a name close to yours is distinguishable in the eyes of the state, the public may not recognize it as different from yours. You might choose to avoid confusion and possible legal hassle by searching a different name. Fortunately, a business entity search in Maine is easy, and it鈥檚 free.
There are rules about naming an LLC, and they鈥檙e spelled out in Maine law. Here are some of the highlights:
In determining whether a name is distinguishable, Maine will disregard 鈥渁nd,鈥� 鈥渢he,鈥� special characters, upper vs. lower case, and business descriptors such as 鈥淟LC.鈥� The office will not provide an interpretation of Maine law for situations where distinguishability is unclear. Users are advised to consult an attorney.
You can do an online business entity search at the Maine .
Enter your target name into the 鈥淜eyword from name to be searched鈥� field. Ignore the 鈥淐harter Number鈥� box; it鈥檚 useful for finding more information when you know what company you鈥檙e interested in.
The system will return a list of the 100 closest matches. Here is part of the list returned for the keyword 鈥淎cme.鈥�
The Name Type column tells you whether the name is a legal name, an assumed (or DBA) name, a name for a company that no longer exists, or a mark. (A in Maine includes trademarks and some other designations.) You can click the Information Summary for more details.
When you choose your keyword on the initial screen, there鈥檚 no need to enter punctuation or a designation such as 鈥淟LC.鈥� To get the most exhaustive search possible, do several searches with variants of the name you鈥檝e chosen. Even if you don鈥檛 see a match on the results list, you may reject your choice because you see a name that the public could confuse with yours.
Even if you鈥檙e satisfied that your potential name is available in Maine, it鈥檚 wise not to stop there. For example, you should search to see whether your desired name is trademarked.
Trademarks are at the national level. If you form a business with a trademarked name, you鈥檙e at risk of committing an infringement. You can search for existing trademarks at the .
If you plan for a website, you may want a domain name that鈥檚 the same as your company name. You can use tools such as Namechk or GoDaddy to make sure that the name you鈥檇 like to use is available on the internet.
A Doing Business As (DBA) name, also called a fictitious name or an assumed name, is a name you use for your business that鈥檚 different from your registered LLC name. You may want this if you venture into a new line of business. You may have your personal name as part of the LLC name and want to hide it from the public.
In Maine, a DBA name must meet the same distinguishability requirement as a legal name. (This isn鈥檛 true in many states.) You can search your DBA name with the Secretary of State search tool, and you must file your name in the city clerk鈥檚 office where you will do business. The fee is $10.
If you found an available LLC name and you鈥檙e happy with it, congratulations! Here are some next steps to consider.
You hope to have your Maine LLC name for a long time, so choose it wisely. Pick a name that is easy to remember. Use the Secretary of State鈥檚 search function to ensure that it鈥檚 available. Consider trademarking it and registering it as a domain name. And most importantly, make sure your search is thorough and that you covered all your bases.聽
It鈥檚 required to ensure that the name you want is legally available in Maine. If it鈥檚 not, your Articles of Organization will be rejected.
Use the Maine聽Search Corporate Names聽facility. Just enter your name and click the button.
Yes,The fee is $50, and it鈥檚 valid for 120 days.
Yes, you need to do so. The same naming rules apply as for the legal name, and you file your DBA at the local city clerk鈥檚 office.
If the name you prefer is already taken, you鈥檒l have to choose another. That鈥檚 why it鈥檚 good to come into the process with more than one name in mind.
You could register a DBA or choose a different LLC name that isn鈥檛 registered with the Texas Secretary of State鈥檚 office and is available as a trademark and a domain.聽
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