Form Your West Virginia LLC Online Today

If you’re ready to start a new business, you’ve put some thought into how to name your LLC. Now is the time to narrow down which name you would like to use. State law guides the naming of businesses in West Virginia, so you’ll need to make sure that the name you choose abides by these requirements:

• The name must be distinguishable from any other company already registered with the state.
• The name must be different from any other reserved or registered name.
• The name must end with “Limited Liability Company,” “Limited Company,” “L.L.C.,” “LLC,” “L.C.,” or “LC.” Additional acceptable abbreviations include “Ltd.” for “Limited” and “Co.” for “Company.”

To check if your name is available, you’ll need to conduct a name availability search online via the Business Organization Search. This search checks what you’ve entered against the records of registered names with the West Virginia Secretary of State. You may also call the Secretary of State Business Division at (304) 558-8000 for assistance. The staff can do an informal, nonbinding name check for you.

Once you’ve made sure your LLC name is available in West Virginia and on the internet, you have the option of reserving it so that no one else can use it before you can officially launch your business. An LLC name reservation with the Secretary of State protects your company’s name for 120 days from the filing date.

The fee for filing an LLC name reservation is $15. It’s important to note and remember a unique West Virginia requirement: The person who reserves the name on the state’s application must be the same person who signs the initial business startup documents.

You’ll have to submit the completed filing to one of the business centers listed on the application. You can email your application to CorpFilings@wvsos.gov, fax your document, or drop it off in person. 

Another thing to consider after you register your LLC name is whether you want to use a trade name. In West Virginia, a trade name is any name under which you conduct business that is different from your LLC’s official and legal name. This type of name is also known as a “doing business as” (DBA) name, true name, and fictitious name. An LLC only needs to use a trade name if you want to:

• Operate under a completely different name
• Use a shortened version of the official name
• Drop the ending “Limited Liability Company” or any abbreviation of such

There are no limits to the number of trade names a company or person can register. The cost for trade name registration with the state is $25. The registration allows you to operate under this name, but it offers no protection against others using the same name to do business.

You may want to file for a West Virginia trademark or a service mark registration to protect your business name or trade name once it’s in use. It costs $50 for up to two classifications, and then $50 for each additional classification. To register with West Virginia, you’ll need to:

• Determine who has the right to register the mark
• Decide if the mark is acceptable in the state
• Search the state database to see if the mark is available
• Complete and file the trademark application

It’s also wise to check with the U.S. Patent and Trademark Office (USPTO) to see if the trademark is already registered at the federal level. This government office is where you can register your trademark or service mark nationwide. While it’s often easier and quicker to register a trademark at the state level, the federal level can provide broader protection, especially if you plan on doing business outside of West Virginia.