Naming an Oregon LLC
If you’re looking to start an LLC in Oregon, you probably already have a few possible names in mind. But the name must abide by Oregon state laws. You’ll also want to do some research to make sure another Oregon company isn’t already using the name you want for LLC. We’ll go over the laws first, then discuss issues like preferred names and naming reservations.
Oregon LLC Naming Laws
OR Rev. Stat. § 63.094 lays out a few rules about what is and isn’t allowed when naming your LLC.
- The name must use English letters A through Z. It can also use Arabic and Roman numerals. The numbers can either be written as plain numerals or spelled out. For example, a business could be “Five Sisters Floral Shop” or “5 Sisters Floral Shop.”
- The name may use special characters like “a” and “$,” as well as punctuation marks like apostrophes, commas, brackets, and the percentage sign (%).
- An LLC must include one of the following: the phrase “limited liability company” or the letters “LLC” or “L.L.C.”
- The name must be distinguishable from other names registered in the state. Different spellings are OK. For instance, the name “Kate’s Closet” is likely different enough from “Cate’s Closet.”
- State law also requires the names to be “visually distinct,” which means homonyms are fine but heteronyms are not. Homonyms are word that are spelled differently but pronounced the same, like “time” and “thyme.” In Oregon’s view, that means a spice shop called “House of Thyme” is unlikely to get confused with a clock shop named “House of Time.” But a word like “bass” can mean either a fish or a type of musical sound, so two businesses named “Bob’s Bass Shop” would be considered confusing.
- When deciding if a name is distinguishable, Oregon does not consider punctuation, capitalization, plural forms, business identifiers, or “words that don’t really change the meaning of the name.” As an example, someone couldn’t get away with calling their business “Pies by Penelope” if “Pie by Penelope” is already taken.
- You can’t use the following words or abbreviations in your LLC: “cooperative,” “corporation,” “corp.,” “incorporated,” “Inc.,” “limited partnership,” “L.P.,” “LP,” “Ltd.,” “limited liability partnership,” “L.L.P.” or “LLP.”
Oregon LLC Name Availability
The quickest way to check name availability is to search the Oregon Secretary of State’s Business Registry Database. This tells you if the name is being used by another active business in Oregon. This doesn’t necessarily mean that no one else in the state is using the same name as you.
However, if no other active business has the exact same name you want, you can go ahead and file to use it. A filling officer will make the final call on whether or not you can use the name for your business.
The Secretary of State also makes clear that filing to use a name doesn’t prohibit another business from suing you over it. The state can register a name on your behalf, but it’s not going to enforce your rights to it. If you get into a dispute with another business over a name, you should contact a lawyer.
How to Register Your Business Name
If you’re running an LLC, submitting Articles of Organization with your company’s chosen name is all you have to do. Only someone using an assumed business name needs to fill out a separate name registration form.
Name Reservations
Sometimes, the perfect business name comes to you before you’re ready to get your Oregon LLC up and running. If you want to make sure no one else gets to your preferred name first, you can submit a Name Reservation Application to the Secretary of State. There’s a $100 processing fee, and the form must be printed and submitted via mail or in person at the Salem office address listed below.
Secretary of State – Corporation Division
255 Capitol St. NE, Suite 151
Salem, OR 97310-1327
In-person submissions made by 4 p.m. can be processed as soon as the same day. Mail submissions can take 6 to 8 weeks for processing.
Once your application is approved, Oregon reserves your name for 120 days. The reservation can be renewed by filling out a second application.
