How does the Clerk’s Office determine if a name is available?
The proposed name of a business entity must be distinguishable upon the records of the Commission from a name that has been designated, registered or reserved for use by a business entity and the names of all other active business entities, except general partnerships. In determining whether a proposed business entity name is distinguishable upon the Commission’s records, we disregard words and abbreviations that are required to be in a business entity name, such as “company,” “corporation,” “incorporated,” “limited,” “Inc.,” “Co.,” “LLC,” etc., as well as certain nondescript articles, conjunctions and prepositions, such as “the,” “and,” “&,” “or,” “of” and “for;” and punctuation marks, such as periods, apostrophes, etc. This renders a “core name,” which must differ from the core name of all other business entity names of record in the Office of the Clerk, excluding general partnerships. Applying this standard, we would deem ABC, Inc. distinguishable from ABCs Inc. because of the extra
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