How to Reserve a New LLC Business Name in Huntsville, Alabama.

SSS Law - Business Name

Interested in starting an LLC business or a nonprofit in Huntsville, Alabama?

Many new business owners are faced with the difficult decision of choosing an entity name for their company. It is important to choose wisely because it will represent your business and should have meaning behind it. There are many other factors that go into picking the right name, such as availability, trademark infringement concerns, uniqueness, etc.

However, if you're looking to start a company in Huntsville then reserving your company's Alabama LLC name is one of the first steps you'll want to take!

You will need to reserve the name with the Alabama Secretary of State Office for your limited liability company, corporation, or non-profit before filing the paperwork to set up the new business or charity.

This is the very first step in setting up your business and needs to be handled first. This article will walk you through the process of reserving your new Alabama LLC name. The process is laid out below, so keep reading to learn more.

Pick a Name for the Huntsville Business or Alabama Charity.

This might sound obvious, but the first step in setting up a business is to pick an Alabama LLC name for the legal entity. Alabama law allows businesses to pick their own business name and business owners are generally free to select any entity name they choose.

There are a few rules that should be taken into account before deciding on a name:

A. New businesses cannot pick the same name as an existing business entity. This is to prevent confusion and protect the rights of existing businesses.

B. You cannot use a name that is offensive, misleading, or too similar to another Alabama business’s name in order to avoid issues around potential customer confusion.

C. New businesses cannot copy someone else’s trademark-protected business name or brand, which requires research into the United States Patent and Trademark Office's trademark registration system for a business name search.

D. New business names cannot be “deceptive,” meaning that the business name would confuse the general public or misrepresent the products or services offered by the new business.

E. The Alabama business name must reflect the business’s entity type, meaning that a limited liability company must include the words “LLC” or “Limited Liability Company” and a corporation must include “Inc.”, “Incorporated”, or “Corporation” in this business’s legal name. Non-profits, however, are exempt from this rule. Click here for more information on prohibited business names in Alabama.

Make Sure the Proposed Huntsville Business Name is Available in Alabama.

Once the owner has picked out a new name for the Huntsville business, the next step is to check to make sure the name is available in Alabama because the Alabama Secretary of State Office will not register an LLC name that is similar to a business already operating in the state.

The Alabama Secretary of State Office maintains records on existing business names. Click here to search existing business names in Alabama.

If another business or nonprofit does not already have your desired name on file, then you can reserve the proposed name yourself by filing a Name Reservation Form with the Secretary of State Office.

Select the Type of Alabama Business Entity.

Before you can reserve a name for your new business, you'll need to know what type of entity you want to set up.

This means that you will need to determine whether your company will be a corporation, limited liability company, general partnership, limited partnership, non-profit, or some other less used entity structure, such as a limited partnership.

Once you've determined your entity type, the next step is to choose how many owners and members there will be in this new company or nonprofit. You will also need to pick what type of ownership interest they hold, such as sole owner or member.

The new entity can only be formed after you have selected all the required information and completed this preliminary process.

Reserve the New Huntsville Business Name.

If the proposed business name is not already taken, then the new owner can reserve it for their new Alabama LLC.

The Alabama Secretary of State Office registers business names, and the process can be completed online. Click here for the link to the government form.

The current fee to reserve a business name online is $28.00 in Alabama.

The form requires the following information from the person reserving the name:

  • Full name of the Applicant,

  • Physical address,

  • Mailing address,

  • Name of the Alabama business or Huntsville charity,

  • Type of Alabama business entity,

  • Email address,

  • Telephone number, and

  • Credit card or debit card information.

Once the form is complete and submitted online, the government will send the applicant a completed name reservation certificate. You're all set!

From start to finish, the entity name reservation process for an Alabama LLC takes a few minutes. The real work comes when first picking out the business name and selecting the business entity structure.

You Have Now Reserved the Alabama LLC’s New Business Name.

Your new Huntsville, Alabam LLC name is now reserved with the State of Alabama, and you can be sure that only you can use the new business name for a legal entity in Huntsville.

It is worth noting that this does NOT protect you from any federal trademark infringement concerns because the federal registrar for the USPTO in Alexandria, VA, and not Montgomery, AL. You will need to conduct a separate search with the USPTO to make sure there aren't any trademark concerns.

An applicant can reserve a business name for a Huntsville, Alabama LLC to last for a period of one year from the date of filing the reservation application in Montgomery, AL.

The applicant can also renew the Alabama LLC name reservation during the 90-day period immediately before the current reservation expires.

After the year has passed, the business name is no longer reserved in Alabama by the original applicant, and anyone can now reserve that name for a new Huntsville business.

Business name reservations are also transferrable between individuals or registrants in Alabama. This means that our business attorney law firm can reserve an entity name on your behalf.

You have now completed the first part of setting up your new Huntsville, Alabama business. Congrats!

If you need any help or have questions, Sarah S. Shepard is the perfect resource when you are interested in starting an LLC business or a nonprofit in Huntsville, Alabama. Our team of business attorneys is skilled at helping new businesses get started quickly and efficiently.

You may be overwhelmed by how many steps there are to start a new company, but that doesn't have to be the case with our experienced legal team on your side. Contact us today if you would like more information!

We look forward to hearing from you soon!