When you meet someone new, what’s the first thing you want to know about them? Their name. Your name is unique—it’s how people remember you.
The same goes for your Massachusetts business: choosing your name is the most important step of forming your company. Unfortunately, it’s not as simple as just picking the name you like best from a list. That works for babies, but not businesses. Massachusetts has several requirements that you’ll need to follow as you pick a name.
Fortunately, this five-step guide will help you pick a name that is both perfect for your business and compliant with state laws. We’ll also cover how to reserve your name once you’ve picked it. Let’s get started.
NOTE: If you have found the perfect business name and would like to begin the process of registering your business with the state, there are a lot of online services — like LegalZoom and Zen Business — that can do it for you.
1) Review Massachusetts Name Requirements
Massachusetts has two primary requirements for naming your business. First, your name must include a designation of the type of company you’re forming. For example, if you’re forming a Limited Liability Company, you’ll need to include “LLC,” “Limited Liability Company,” or an abbreviation of those terms. Corporations must include “Inc.,” “Incorporated,” “Corporation,” etc. Regardless of what kind of entity you make, your name should reflect your business type.
Second, your name must be distinguishable from other business entities in Massachusetts. If it’s too similar to another name, your filings could get mixed up with the paperwork for the wrong entity. And worse, a super-similar business name could confuse your customers.
For example, “Massachusetts Lawn Care Bros, LLC” and “Massachusetts Lawn Care Bros, Inc” are too close. A simple difference in entity identifiers is not enough to count as distinguishable. Massachusetts uses the wording that a name “may not be the same as, or so similar as to be likely to be mistaken for the name of any other existing corporation or other entity.” If you are concerned that your name is too similar, it probably is. That said, you can consult with the Secretary of the Commonwealth, which is responsible for regulating names.
If you want to use a name that’s already claimed by a business, you technically can—provided you get a written approval from the name’s owner. For a full listing of naming requirements, you can consult the Massachusetts Business Corporations Act.
2) Create the Perfect Name for Your Massachusetts Business
Now that we’ve covered all the things you can’t do with your business name, let’s focus on what you can do. Here’s where you can let your creativity shine. As long as you meet the Massachusetts requirements, you can pick just about anything you like.
However, to make your business name perfect, here are a few things to keep in mind:
- Pick a name that represents your business: Your business name is the first impression you’ll send to potential customers; you want to make sure it’s the right impression. So, be sure to include important aspects of your business in your name. For example, if you’re starting a restaurant that specializes in vegan fare, you’ll want that to be clear by your business name.
- Write it down and say it aloud: Your business name appears everywhere—business cards, your website, company signage, and more. A good name will look good on paper. But you’ll also say your name a lot, too, so make sure it sounds as good as it looks.
- Choose a name that you’re proud of: Do you like the name you’ve come up with? You love your business, and you should love the name that goes with it. If you love the name, then you’re good to move on to step three.
3) Search Your Chosen Name with the Massachusetts Secretary of the Commonwealth
Now it’s time to check that your business name is available in the state of Massachusetts. To do so, you’ll want to run a Business Entity Search.
Here’s how it works: input the business name you developed in Step 2. If the state’s search tool doesn’t find any results, then good news! Your name is available for you to use in Massachusetts. However, if it does find a match, you’ll want to start over or tweak your name a little to make sure it’s different from what’s currently in use in the state.
To make the most of the search tool, we recommend that you conduct two searches. There is a drop-down menu for “Search Type.” For your first search, select “Exact Match.” Then, type in your desired business name. If an exact match appears, you’ll need to make changes. If not, you can use the “Full Text” option. With this second search, you should type in a keyword from your business name. This will let you learn what other businesses are using names with that keyword. Then you can make sure your name truly stands out from the competition.
While this step may seem like a hassle, it can save you time in the long run. You’ll need to put your business name on your formation documents; if you put down a name that’s already in use, the state will send it back to you, request a change, and you’ll need to file all over again. This could potentially slow down your start-up process by several days or even weeks. Searching your name ahead of time prevents that slow-down.
4) Reserve Your Business Name with Massachusetts
You’ve done the legwork to make sure your business name is free to use in Massachusetts. Now, let’s ensure that none of that work goes to waste by reserving your business name with the state.
In Massachusetts, you can reserve a business name by filing an Application of Reservation of Name.You can file this form by mail or in person (if possible) with the Secretary of the Commonwealth. This form includes contact information of the applicant and, of course, your desired name.
Massachusetts requires a fee of $30 for this name reservation. The application includes a space for the check number you’ll use to pay the filing fee.
Reserving your name will protect your business name for 60 days. While it’s unlikely that another person will come up with the exact name you’ve chosen, this process prevents anyone else from using your name. The 60-day reservation gives you plenty of time to get all your affairs in order and file your formation documents.
5) File Your Massachusetts Formation Documents
Even though filing a reservation gives you 60 days of exclusive rights to the name you’ve created, you’ll need to file your formation documents to make everything official. The document you need to use varies depending on the type of business you’re forming, but it’s often called the Articles of Incorporation or the Articles of Organization.
The Corporations Division of the Massachusetts Secretary of the Commonwealth serves as a helpful starting point for forming your business. Here you’ll find the forms you need to start your business, including the Massachusetts Articles of Organization. You’ll also find easy access to forms such as name reservations, amendments, registered agent changes, and more.
Conclusion
Conducting a business name search is an important part of forming your business in Massachusetts. The search saves you time and helps you set up a name that makes your business stand out. We hope this guide made it simple to name your business.