Delaware Business Name Check: What Most People Get Wrong

So you've finally decided to pull the trigger on that new venture. You’re looking at Delaware because, well, everyone does. It’s the gold standard for corporate law. But before you can even think about filing those formation papers or drafting an operating agreement, you’ve got to clear one major hurdle: the Delaware business name check.

It sounds simple. You go to a website, type in a name, and see if it’s there. Easy, right? Honestly, not really. People mess this up constantly because they mistake a "general search" for an "availability search," or they forget that Delaware has some pretty specific quirks about what makes a name "distinguishable."

The Two-Step Dance of Delaware Name Searches

Most folks head straight to the Delaware Division of Corporations website and think they're done after one click. But there are actually two different ways to handle this.

First, there’s the General Information Name Search. This is your "window shopping" tool. You type in a partial name, like "Blue Widget," and the system spits out every entity that has those words in its title. It’s great for due diligence. You can see who else is out there, find their file number, and see if they’re still active.

But here’s the kicker: just because you don't see your exact name in the general search doesn't mean it's legally available.

That leads us to the second tool, the Name Availability Search. This one is a bit more formal. It’s actually the first step in the name reservation process. It gives you a more definitive "yes" or "no" based on the state's strict "distinguishable" standards.

Why "Distinguishable" is a High Bar

In Delaware, your name can't just be different; it has to be distinguishable upon the records.

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You might think "Blue Widget LLC" and "Blue Widgets Inc." are different. The state doesn't. Adding an "s" to make a word plural, changing punctuation, or simply swapping "LLC" for "Corp" usually won't cut it. Delaware law (specifically Section 102 for corporations and Section 18-102 for LLCs) is very clear that minor tweaks aren't enough to prevent consumer confusion.

The Big 2026 Shift: Trade Names and DBAs

If you’re doing this search in early 2026, you’re hitting a massive transition period. Historically, if you wanted a "Doing Business As" (DBA) name in Delaware, you had to deal with the individual county courts—New Castle, Kent, or Sussex. It was a localized, paper-heavy headache.

Everything changed on February 2, 2026. Delaware has officially moved to a statewide registry for trade names. Instead of trekking to the Prothonotary’s Office, you now use the Delaware One Stop portal.

• Mandatory Re-registration: If you had an old county-level DBA, it likely expired in mid-2025. You have to re-register it on the new state platform.
• The "First-Come" Risk: These names aren't grandfathered in automatically. If you don't grab your trade name in the new system quickly, someone else can.
• The Fee: It’s a flat $25 for a statewide filing, which is actually a better deal than the old system if you were trying to operate in multiple counties.

How to Actually Perform the Search Like a Pro

Don't just type in your full dream name and hit enter. That’s a rookie move.

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Try searching for just the "root" of the name. If your idea is "Silver Lining Consulting Services LLC," just search for "Silver Lining." You want to see every variation that might be close enough for a state clerk to reject your filing.

Also, watch out for restricted words. You can’t just toss the word "Bank," "Trust," "University," or "College" into your name. Delaware is protective of those terms. To use them, you usually need prior approval from the State Bank Commissioner or the Department of Education. If you try to file a name with these words without the right paperwork, it's an automatic rejection.

The $75 Safety Net

If you find a name that’s available but you aren't quite ready to file your Articles of Incorporation, you can reserve it. It costs $75. This holds the name for 120 days.

Is it worth it? Maybe. If you’ve already bought the domain name, printed some prototype packaging, or started a branding campaign, that $75 is cheap insurance. But remember, name reservation is not the same as forming the business. You still have to do the actual filing before those 120 days are up.

Common Traps to Avoid

• Case Sensitivity: Good news here—the Delaware search isn't case sensitive. "APPLE" and "apple" are the same thing.
• Punctuation: The system often ignores periods and commas. Searching for "A.B.C. LLC" is basically the same as "ABC LLC."
• The "Active" Illusion: Just because a business shows up as "Cancelled" or "Forfeited" in the general search doesn't mean the name is up for grabs. Sometimes there’s a holding period, or the entity might be in the process of reviving.

Your Action Plan

1. Start with the General Search: Use the Delaware Division of Corporations website to see what’s already registered. Use broad keywords.
2. Move to the Availability Tool: Confirm the name is "distinguishable" through the official availability portal.
3. Check the 2026 DBA Registry: If you plan on using a trade name, log into Delaware One Stop to ensure no one has snatched it up under the new statewide system.
4. Google and Trademarks: This is huge. A name can be available in Delaware but still get you sued for trademark infringement. Check the USPTO's TESS database.
5. Secure the Name: Either file your formation documents immediately or pay the $75 to reserve the name for four months.

Once you’ve cleared the name, you’re ready to appoint a registered agent and actually get your entity on the books. Just don't skip the "wide net" search—it’s the difference between a smooth launch and a frustrating rejection letter from Dover.