incorporators or organizers who wish to place a hold on a name before proceeding with formation of a corporation or Limited Liability Company may file a name reservation with the Secretary of State. (See the section of this chapter below on “Reserving a Corporate Name or Limited Liability Company Name.”) Warning As is the case with filing a certificate of assumed name, the registration of a corporate name or limited liability partnership or Limited Liability Company name does not necessarily mean that the name can be used without penalty. There may be existing users of that name who have perfected a prior federal trademark or common law right to the name without filing with the Secretary of State. Note also that registering an Internet domain name is a process completely separate from making a filing with the Secretary of State. These users may be able to use the courts to prevent the incorporators, organizers, or business entity from actually using the name even though it may be available for registration with the Secretary of State. Reserving a Corporate Name or Limited Liability Company Name A corporate name or Limited Liability Company name may be reserved by an individual or entity for 12 months by filing a Name Reservation form with the Secretary of State. The reservation may be renewed for an unlimited number of 12-month periods. See the form for eligibility category details and fee. DETERMINING WHETHER A NAME IS DISTINGUISHABLE Two names are considered the same (and therefore not acceptable) if the only differences are: • The name must be distinguishable from other names on file with the Secretary of State. Slight differences in punctuation, spacing, or common words (like “the,” “and,” “&”) don’t count. • Use of Inc., LLC, LP, etc. • Spacing, punctuation, or capitalization • Articles like a, an, the • Conjunctions like and, & • Abbreviations or contractions (Dept. vs. Department) • Numbers written differently (5 vs. Five) If your desired name isn’t distinguishable, you have options: Option 1: Change the name Add or remove words to make it distinguishable. Option 2: Get written consent Obtain written consent from the business holding the conflicting name and file it with the Secretary of State. A Consent to Use the Name form is available from their office. Applicants for a trademark may not obtain consents, but they may submit affidavits from themselves and from holders of conflicting names describing the nature of the businesses
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