West Virginia Business Name Search (Step-by-Step Guide)

How to search for West Virginia business names

Before registering a business in West Virginia, a business owner must conduct a business entity name search to ensure that the business name is available. The West Virginia Secretary of State will not allow a business owner to register a name that is an exact match with another business name, nor will it allow names that are too similar.

The West Virginia Secretary of State has one search type – to search by company name. To start entering search criteria to determine name availability:

Similar names include those with the exact name but a different entity type at the end of the business name. For example, ABC Widgets, Inc. and ABC Widgets, LLC are too similar. Additionally, if the difference is a small word, such as an article, the name is too similar. For example, The ABC Widget Company and An ABC Widget Company are too similar.

How to register a business name in West Virginia

The West Virginia Secretary of State’s office allows business owners to file business entities online or via paper filings. Online filing is the quickest and easiest.

When a business owner files online, the business owner is also registered with the West Virginia State Tax Department for sales and use tax and other taxes, and WorkForce West Virginia for unemployment compensation.

Businesses must first obtain a Federal Employer Identification Number (FEIN) before registering with West Virginia’s OneStop business portal. A business owner can apply for the FEIN, or we can obtain the FEIN for the business owner.

If a business owner wishes to register by paper registration, the business owner needs to contact all of the relevant state agencies to complete the separate applications and pay separate filing fees.

West Virginia trademark/DBA name search

Business owners can also register a trademark with West Virginia. As with business entity names, trademarks cannot be an exact match to another business’s trademark. To determine whether a business trademark is unique:

If a business owner finds a trademark or service mark that is an exact match or that is too similar, the business owner should design a new mark.

Registering intellectual property in West Virginia only protects the mark from being used in West Virginia. If the business owner wishes to protect the intellectual property from being used by anyone else throughout the United States, the business owner must file the intellectual property with the US Patent and Trademark Office.

If a business owner wishes to determine whether a business name or logo has been trademarked at the federal level, search the United States Patent and Trademark Office.

Check if the domain name is available

Before a business registers its name, the business owner should take additional steps to ensure that the name is available for domain and social media use. While the domain name and social media accounts or pages do not have to have the same name as the business, it is better for marketing purposes. If another person or entity is already using the name, a prospective business owner can choose another name to register at the state level or use a different name that describes the business for the domain name and social media accounts.

Creating a website helps a business by providing low-cost marketing, even if the business does not sell its product online. Before a business can create a website, it needs a domain name. The business cannot use a domain name that is already in use. However, though we don’t recommend it, businesses can use similar names.

The issue with domain names is that it is worldwide instead of statewide. Thus, someone in another state or even in another country could be using a business owner’s business name.

To search for a domain name, navigate to any domain registry. Enter the business name in the search box. If a name is available as a dot-com, we recommend registering it as soon as possible. We also recommend registering the dot-org and dot-net extensions. Dot-us and dot-store extensions are also popular. The business owner can use the extra pages to create landing pages that point customers to the main dot-com page.

Check if the social media name is available

Another avenue of free or inexpensive advertising is social media platforms. To check for name availability on any social media platform, enter the business name in the search box. As with domain names, social media accounts are worldwide, so there is a big possibility that someone else is using the business name. Review the results after clicking the ‘Search’ button.

A business owner could change the name to try to find a company name that is available on the Secretary of State’s website, a domain registry website, and social media platforms. Or, a business could create a descriptive name for the business’s social media accounts.

Naming considerations for West Virginia business entities

As with other states, West Virginia requires most business entities to append certain phrases, words or abbreviations at the end of the business name to denote entity type.

Sole proprietorships and partnerships

A business owner who chooses a sole proprietorship or general partnership does not have to register with the West Virginia Secretary of State’s office. Thus, they do not have to append an entity type at the end of the name. However, if either wishes to use a fictitious name, they need to register the fictitious name with the West Virginia Secretary of State’s office. The business owner doesn’t need to append an entity type at the end of a fictitious name.

Limited Liability Companies (LLCs)

Limited Liability Partnerships

Corporations

Nonprofits

A nonprofit company must include the naming conventions as dictated by the entity type. For example, it if is a corporation, it must include the same conventions as a corporation. If it is a limited liability company, it must include the same naming convention as an LLC.