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Name Availability

One of the most common reasons for rejection of business startup filings is that the proposed name of the new company is already in use in West Virginia.  State law requires that the company name or trade name requested be distinguishable from any other registered name.  

Checking for Name Conflicts Before Filing

Take the following steps to insure the name is available when you file:

  1. Make sure the name you want to use does not violate the name restrictions for the particular organization type.  See Choosing a Business Name.
  2. Search for the names you are considering on the Business Organizations Data System.
    -- To make sure you see all the possible conflicts, search using only the most distinctive word in the name.  If you searched only on common words like 'medical' or 'construction' or 'enterprises', the system would like find too many matches to process your request.
    -- Use the 'wild card' character '%' before the word or words you are entering, e.g. '%Allegheny'.  Using this character will assure you see all the entries with the your word at any position in the name. 
    -- If you find a match that is very close, check to see if the company has been dissolved or withdrawn, or if it was revoked more than two years ago.  In those cases the name may still be available.
  3. Once you have found a name you think is available, call the Business Organizations Division at (304) 558-8000 for an informal, non-binding check to see if the staff believes there will be no conflict.
  4. If the staff finds the name available, go to Name Reservation and prepare your filings to reserve the name until you have your business filings ready.

 

 

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