One of the most important steps in the organization of an Arizona LLC is choosing a name that complies with: (a) Arizona's LLC Act, (b) other Arizona laws, and (c) Federal Trademark and Service Mark laws. The following is an overview of some of the requirements and considerations associated selecting an Arizona LLC's name.
Arizona LLC Act Requirements
Arizona's LLC Act requires that an Arizona LLC's name:
- Shall contain the words "limited liability company" or "limited company" or the abbreviations "L.L.C.", "L.C.", "LLC" or "LC", in uppercase or lowercase letters.
- Not contain the words "association", "corporation" or "incorporated" or an abbreviation of these words.
- Not include the words "bank", "deposit", "credit union", "trust" or "trust company" separately or in combination to indicate or convey the idea that the limited liability company is engaged in banking, credit union or trust business unless the limited liability company is to be and becomes actively and substantially engaged in the banking, credit union or trust business or the limited liability company is a holding company holding substantial interest in companies actively and substantially engaged in the banking, credit union or trust business.
In addition, the Act requires that the name of an Arizona LLC must be distinguishable from:
- An existing or reserved corporate name or a fictitious name adopted by a foreign corporation.
- The corporate name of a nonprofit corporation incorporated in Arizona or a foreign nonprofit or not for profit corporation authorized to conduct affairs in Arizona.
- The corporate name of a corporation incorporated in Arizona or a foreign corporation authorized to transact business in Arizona.
- The partnership name of a limited partnership organized and registered under Arizona law or of a foreign limited partnership authorized to transact business in Arizona.
- The name of a limited liability company organized in Arizona or a foreign limited liability company authorized to transact business in Arizona.
- The name of a registered limited liability partnership organized in Arizona or a foreign limited liability partnership authorized to transact business in Arizona.
- A trade name registered pursuant to Arizona law.
Further, the Corporation Commission has interepreted the Act and various other Arizona laws to preclude a finding of dictinguishability based solely upon:
- Spaces between words;
- Entity Identifiers;
- Arabic numerals;
- Articles; or
Eventhough an Arizona LLC's name may be approved by the Corporaiton Commission pursuant to Arizona's LLC Act, it may still infringe upon other Arizona trade names or federally-registered trademarks or servicemarks.
Federal Trademark & Service Mark Requirements
In general, Federal Trademark and Service Mark laws require that a mark must be, subject to exceptions: (1) in use in commerce or (2) distinctive.
The United States Patent & Trademark Office provides functionality whereby a person can search federally registered trademarks and service marks here.
For more detailed information about how to form an LLC in Arizona, please visit our website below.
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