How to Register a Business Name in West Virginia

Updated: October 1, 2023
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Registering a business name in West Virginia can be done in 3 ways. You can start your business as a separate entity of its own by registering as an LLC or Corporation, or you can file a DBA (known officially as a Trade Name) as a sole proprietor or general partnership. If you want federal recognition of your business name, you may also want to file a USPTO trademark.

You should determine your business name and have it registered prior to completing most other business filings, including:

  • Enrolling with the West Virginia State Tax Department to obtain a Business Registration Certificate used for tax purposes, including sales and use tax as well as withholding tax
  • Securing occupational and professional licenses through the West Virginia Division of Labor
  • Applying for a Federal Employer Identification Number (FEIN) through the IRS
  • Creating a business bank account

How much does it cost to Register a Business Name in West Virginia?

The cost to register a West Virginia business name varies depending on the type of registration:

  • West Virginia LLC cost: $100
  • West Virginia Corporation cost: $100
  • West Virginia DBA cost: $

Steps to Registering a Business Name in West Virginia:

  1. Check for Business Name Availability
    2.
  2. Choose a Business Structure
    3.
  3. File your West Virginia Business Name Registration
  4. File a Trademark
    5.

1. Check Business Name Availability

Before you dive into registering your name, you must ensure your chosen name is good to go. That means checking if it’s already being used or is too similar to other business names out there. This step is super important because it helps prevent problems like clashes with similar businesses or your West Virginia name registration being turned down. To do this properly, you should do three specific types of searches:

West Virginia Business Name Search Help

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Trademark Search

Your first search should be for federal trademarks. Trademarks registered at the federal level provide the most legal protection. As a result, they override any registrations at the local or federal level, so it’s important to ensure that your name is not trademarked. If the business name you chose is the same or too similar to an existing trademark, come up with a new name.

To search the U.S. Patent and Trademark Office (USPTO) database, visit the Trademark Electronic Search System (TESS) page. Just be advised – the returned results can be overwhelming and hard to understand. Alternatively, you can use Trademark Engine’s Free Trademark Search, which provides results from TESS in an easier-to-use format.

West Virginia Business Name Search

After verifying that the business name you want isn’t a registered trademark, it’s time to move on to doing a West Virginia business name search. Use the West Virginia Business Entity Search to search the West Virginia database of registered businesses.

Make sure you search more than just your exact business name, and you do some searches using either only parts of your name or wildcard characters. This is especially important because your name registration can be rejected if it’s too similar to an existing business.

Pro Tip: Pay close attention to if the business name you want to use was used in the past, even if it’s available now. Registering your business name using a name that was used in the past can cause a lot of problems when you try to get an EIN.

Using a previously registered name will often result in the online assistant rejecting your EIN application and returning reference number 101. This error happens when your name matches or is too close to a name that was already issued an EIN. If a business shows as being previously registered, they were also likely issued an EIN. If you get reference error 101, it will require that you call and fax your formation paperwork to the IRS, which is quite a headache.

Website Domain Search

Once you’ve verified you can use your business name, you should verify the matching website domain name is available. Most businesses will need some online presence, but even if you won’t build a website, you should register your domain name to prevent others from using it. You’ll also need it if you plan on using a matching business email address.

Domain Name and Business Email

You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.

2. Choose a Business Structure

When starting the process of registering your business name in West Virginia, you need to determine which business structure you’ll use. Your choice of business structure has many downline implications for your business and will change the process of how your business is registered. You should choose a business structure that matches the amount of liability risk, tax implications, and financing your business will require. If you can’t decide based on the information below, you can get more guidance by using our guide on Choosing a Business Structure, where you can get more in-depth information.

Recommended Business Structure:

Most new businesses benefit the most by starting as an LLC. You can have as many owners as needed and they provide tax and management flexibility. They have liability protection that sole proprietorships and general partnership lack and aren’t subject to double taxation (corporate income tax) like a corporation.

Consider using an LLC formation service to ensure your filing is completed correctly. Our list of the best LLC services can help you find the one that works best for you.

LLC

A Limited Liability Company (LLC) is a legal entity recognized under West Virginia law (WV Code §31B) that shields owners from personal liability for business debts while offering operational flexibility and pass-through taxation benefits.

Learn More: What is an LLC

LLC Pros

  • Personal liability protection
  • Legally separate entity
  • Default pass-through taxation (business income taxed once)
  • Unlimited number of owners (members)
  • Flexible management – can be run by members or non-owner managers
  • Option for S-Corp tax status

LLC Cons

  • Upfront filing costs
  • Ongoing cost and filings to stay compliant
  • Unable to go public

Do you need to register to be an LLC in West Virginia?

Yes, if you want to set your business up as an LLC you need to register with the West Virginia Secretary of State.

Jump to: Register an LLC Name

Corporation

A corporation is a distinct legal business entity under West Virginia law (WV Code §31D). Stockholders are owners with limited liability. It’s ideal for raising external funds and safeguarding personal finances.

Learn More: What is a Corporation

Corporation Pros

  • Personal liability protection
  • Legally separate entity
  • Unlimited number of owners (shareholders)
  • Easier to raise capital by selling stock
  • Able to go public
  • Option for S-Corp tax status

Corporation Cons

  • Default double taxation
  • Upfront filing costs
  • Ongoing costs and filings to stay compliant
  • Increased record keeping requirements
  • Strict management structures set by law

Do you need to register to be a Corporation in West Virginia?

Yes, to obtain legal Corporation status in West Virginia, registration with the West Virginia Secretary of State is required.

Jump to: Register a Corporation Name

Sole Proprietor

A sole proprietorship is a single-owner venture. Start simply, with minimal red tape. The owner’s personal liability is unlimited, and it can be difficult to get loans, raise capital, and sell the business.

Learn More: What is a Sole Proprietorship

Sole Proprietor Pros

  • Easy and inexpensive to start
  • Simple taxes (business income taxed once)
  • Easy to maintain
  • Complete control for owner

Sole Proprietor Cons

  • Unlimited Liability Risk
  • Hard to raise money and get loans
  • Not separate from owner
  • Difficult to sell business
  • No other tax status options

Do you need to register your sole proprietor business name in West Virginia?

When operating as a sole proprietor in West Virginia, it’s crucial to note that if your business name doesn’t have your name, you’ll need to file a “doing business as” name (DBA). For example, if your name is “Taylor Harris” and you’re going to run a barber shop, there’s no requirement to register “Taylor Harris Grooming.” However, selecting a better brandable name like “Kingscape Grooming Lounge” would require registration of a DBA.

Jump to: Register a DBA Name

Partnership

A partnership has 2 or more owners who join forces sharing in business responsibilities. Each partner has unlimited liability. Income passes directly to partners, who account for their share on personal tax returns.

Learn More: What is a Partnership

Partnership Pros

  • Easy and inexpensive to start
  • Pass-through taxation (business income taxed once)
  • Unlimited number of owners (partners)
  • Shared business responsibilities

Partnership Cons

  • Unlimited Liability Risk
  • Responsible for partners’ actions
  • Hard to raise outside capital
  • Not separate from partners
  • Difficult to sell business
  • No other tax status options

Do you need to register your partnership business name in West Virginia?

Partnerships operating in West Virginia need to register a “doing business as” (DBA) name unless their business name includes the last names of all partners. For example, a landscaping partnership founded by Jessica Davis, Michael Wilson, and Emily Stevens can use the name “Davis, Wilson & Stevens Landscapes” without filing. However, if they prefer the unique brand name “Greener Scapes Oasis”, they need to register a Trade Name (DBA).

Jump to: Register a DBA Name

3. File your West Virginia Business Name Registration

With your business name confirmed and structure in place, the next move is to register it within West Virginia. Select the method that fits the business structure you’ve chosen. If you’ve decided to operate as a sole proprietorship or partnership, you’ll register your name via a DBA.

Register a West Virginia LLC Name

To establish your West Virginia LLC, you’ll be required to submit Articles of Organization (Form LLD-1) to the West Virginia Secretary of State along with a filing fee of $100. In your Articles of Organization (Form LLD-1) you’ll provide details about your business, such as:

  • LLC Name
  • Information about the LLC members (owners) and managers (if applicable)
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Agent of Process

West Virginia LLC Name Requirements

West Virginia LLCs must use a name that follows the naming rules outlined in West Virginia law (WV Code §31B-1-105):

  • Must be distinguishable (unique) from all others businesses registered with the West Virginia Secretary of State
  • Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
  • Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Engineering, Doctor

For more in-depth information check out our How to Start an LLC in West Virginia guide, where we cover all the steps needed to form an LLC in full detail.

Want Help Starting a West Virginia LLC?

Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a West Virginia LLC.

Register a West Virginia Corporation Name

To establish your West Virginia business as a Corporation, you must submit Articles of Incorporation to the West Virginia Secretary of State, which has a fee of $100. Within your Articles of Incorporation filing, you’ll include details about your business, such as:

  • Corporation Name
  • Names and addresses of the board of the directors
  • Number and type of authorized shares
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Agent of Process

West Virginia Corporation Name Requirements

Corporations in West Virginia are required to use a name that follows the rules detailed under West Virginia law (WV Code §31D-4-401):

  • Must be distinguishable (unique) from all others businesses registered with the West Virginia Secretary of State
  • Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
  • Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Engineering, Doctor

Want to Incorporate in West Virginia?

If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in West Virginia, which covers each step you’ll need to complete to start a West Virginia corporation.

Register a West Virginia DBA (Trade Name)

A West Virginia DBA (Trade Name) allows a business to operate using a business name that is different than their legal name. To register a West Virginia DBA you’ll need to complete an Application for Trade Name and submit it to the West Virginia Secretary of State, along with the filing fee of $. You’ll need to provide the following information:

  • Name and address of Applicant(s)
  • Business Name (Trade Name)
  • Address where business is transacted

West Virginia DBA (Trade Name) Requirements

The rules for a West Virginia Trade Name (DBAs) are not quite as strict as they are for LLCs or Corporations, however there are still restrictions. Mainly, your DBA can’t include designators used for legal entities like “LLC” or “Inc” in the Trade Name. DBAs also can’t contain prohibited words or words that imply association with government entities.

Remember, if you’re running a business using any name other than your legal name in West Virginia, registering a DBA is necessary. Any person or business that violates West Viriginia trade name law is guilty of a misdemeanor and subject to a fine of $25-100 and/or imprisonment in county jail for up to 30 days, per §47-8-5.

West Virginia DBA Registration Assistance

Get help registering your West Virginia DBA with Swyft Filings. Packages starting at $99 (plus filing fees).

4. File a Trademark (Optional)

If you want to protect your business identity, consider filing for a trademark. A trademark can help safeguard your brand name and give you control over it. Unlike state registrations, trademarks offer federal-level protection nationwide.

While you can apply by yourself online, registering a trademark can be a complex and lengthy process. On average, it takes 7-9 months before a USPTO examining attorney reviews your application. You’ll need to properly prepare and submit your application to limit delays.

Consider seeking assistance from a qualified attorney or a trademark filing service to make the trademark registration process smoother. Their expertise can save you time and spare you the challenges involved in application submission and follow-ups.

Trademark Filing Assistance

Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).

Additional Business Resources in West Virginia

For more help, check out our How to Start a Business in West Virginia guide, or use these resources: