Office of the Secretary of State Registration: Claim Your Name:

Written by the Secretary of State staff

One of the most important decisions you have to make after coming up with a business idea is what to name it. Once that “aha” moment happens and you have a name in mind, it’s time to check if it is available for registration with the North Dakota Office of the Secretary of State.

Types of Names

Your legal entity name is what appears on your business registration. The North Dakota Secretary of State website has naming guidelines for each type of business structure.

Sole proprietorships and general partnerships do not need to register if they conduct business using their own personal name(s). However, a trade name for sole proprietorships, or a fictitious partnership name for general partnerships, is required if the business name contains words other than just the owner’s name(s). These are also known as “doing business as” or DBA names.

Businesses may choose to register a trade name or fictitious partnership name in addition to their business registration if they wish to operate under a name without having to include required designations like LLC, Inc., LLP, etc.

Check if a Name is Available

Before filing, you can use the FirstStop Portal Business Search and Trademark Search to check if the name you want is available. The Office of the Secretary of State verifies against their records that requested names are distinguishable from any other reserved or registered name, and makes the final determination of name availability.

You shouldn’t make investments in or commitments to a name until your business or trade name filing has been approved. Note that name protection applies in North Dakota only, and it’s your responsibility to ensure you’re not infringing on a federally protected name.

Reserve a Name

Have a great name, but not ready to register your business? You can reserve an available name with the Office of the Secretary of State for up to one year with the option to renew. You may not use the reserved name until your business is officially registered.

To learn more about registering a business name, visit the North Dakota Secretary of State website’s Register a Business page.