Regardless of what kind of business is involved, you will need a company name. Many small business owners use their own names like "John Doe Messenger Service.” That is fine, but what if you want to use a name with market appeal like "Flash Messenger Service?"

First, check that the name you want for your business is not already being used. The Illinois Secretary of State will not allow you to form a corporation or LLC if the name you wish to use is the same or not distinguishable from the name of an existing corporation or LLC. In the example, there would be a problem if someone was already operating "Flash Messenger Service." You can check if a name is available by:

• searching the online database,
• calling the Illinois Secretary of State's Department of Business Services at (217) 524-8008, or
• using the Department's online name availability tool.

The Illinois Secretary of State ultimately decides whether a name is available or not.  

A corporate name also needs to include "corporation," "company," "incorporated," or "limited," or an abbreviation of one of those words.

If you plan to do business nationwide, you may want to register a trademark to protect your business name across all 50 states. In that case, your name must follow other rules as well, such as being unique and not confusing customers when compared to other trademarks. Registering a trademark is more complicated than registering with the state, so it may be helpful to contact an attorney if you want to register a trademark. 

How do I make sure no one else takes my business name?

If the business is a corporation or an LLC, your business name will be officially registered once you file your business formation paperwork with the Illinois Secretary of State. 

Even if you aren't forming a corporation or LLC, you must register if you are using an assumed name, that is, not your own legal name. The business name must be recorded with the local county clerk's office if the business is:

• A sole proprietorship, with one owner, or  
• A general partnership (a limited partnership follows the same rules as a corporation or LLC). 

In Cook County, assumed names can be registered with the Cook County Clerk's Office. The application fee for Cook County is $50.