How to Register a Business Name in Maine

Updated: October 1, 2023
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In Maine, you have three pathways to register your business name. You can establish it as an LLC or Corporation to have your business be a separate entity or you can opt for a DBA (officially recognized as an Assumed Name) if you’re a sole proprietor or part of a general partnership. If you want additional protection against people using your business name across the country, you can also opt to file a federal trademark with the USPTO.

Be sure to have your business name registered before completing the other registrations you’ll need to be legally compliant in Maine, like:

  • Creating your Maine Tax Portal account to register for Sales & Use Tax and/or income tax withholding with Maine Revenue Services
  • Acquiring mandatory state, municipal, and county licenses and permits
  • Obtaining an IRS Tax ID Number (EIN)
  • Setting up a dedicated business bank account

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

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

  • Maine LLC cost: $175
  • Maine Corporation cost: $145
  • Maine DBA cost: $10

Steps to Registering a Business Name in Maine:

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

1. Check Business Name Availability

Before registering your Maine business name, you’ll want to confirm that your business name is available. Even if the exact name isn’t in use, you should also make sure that it isn’t too similar to other names in use. If another business is using your desired business name, you’ll need to come up with another name. To be thorough, you should include three types of searches:

Maine Business Name Search Help

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Trademark Search

Federal trademarks are the highest registration level for a business name, so you should start there. Trademarks registered with the U.S. Patent and Trademark Office (USPTO) supersede state and local level registrations, so verifying the name you want isn’t trademarked is crucial. If it is trademarked, you’ll need to go back to square one and come up with a new name.

Visit the Trademark Electronic Search System (TESS) page to search the USPTO database directly. If you find the results overwhelming or difficult to understand, you can also use the Free Trademark Search available from Trademark Engine.

Maine Business Name Search

You can move on to verifying that your business name is available to use in Maine after you’re sure it hasn’t been trademarked. To do a Maine business name search, use the Maine Corporate Name Search to search the database of business names registered in the state.

You’ll want to search for your exact name and do some searches that include partial matches of your business name or use wildcard characters. This ensures that there aren’t businesses with very similar names that don’t appear from an exact name search. One of the number one reasons a business name registration is rejected is the name being too similar to an existing business.

Pro Tip: If you do a search and see your name is available but was used in the past, you should strongly consider choosing a new name. Using a previously registered name can cause issues with obtaining an EIN.

Since most businesses choose to get an EIN, it will be highly likely that an EIN has been issued with that name. If an EIN was previously issued under that business name, the IRS EIN system cannot issue an EIN online and will return a 101 reference error. When an EIN application gets a 101 error, the only way to get an EIN issued under that name is to call the IRS and fax them a copy of your business registration paperwork. So, do yourself a favor and pick a new name unless you absolutely need to use that name.

Website Domain Search

At this stage, you should have a good idea that your name is available to use in Maine and no trademark issues, so it’s time to ensure your domain name is available. For almost every business, it’s worth it to register a business domain name to prevent competitors from taking your domain name. If you want a professional business email address, you’ll also need to register your domain.

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

Before you can file a business name registration in Maine, you need to decide on the structure your business will use. The specific registration requirements and type of filing will depend on if your business is an LLC, corporation, sole proprietorship, or general partnership. Each of these business structures has its own advantages and disadvantages. It impacts important aspects of your business, including the owners’ legal liability, how taxes are paid, and how easy it can be to get loans. Below is a comparison and explanation of each structure. If you require additional guidance, be sure to check out our guide, How to Choose your Business Structure, where we cover this decision in more detail.

Recommended Business Structure:

Starting an LLC is ideal for most new businesses because they can have any number of owners and have unique benefits. LLCs provide liability protection that isn’t available to sole proprietors and general partnerships with pass-through taxation that corporations lack.

If you think an LLC is for you and want help, check out our guide to the best LLC services, to find the provider that best fits what you’re looking for.

LLC

A Limited Liability Company (LLC) is a business structure allowed under Maine law (ME Title 31, Chapter 21) that safeguards owners’ personal assets, enables multiple owners, and allows for adaptable management and taxation options.

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 Maine?

Yes, to be legally recognized as an LLC in Maine, you must register with the Maine Secretary of State.

Jump to: Register an LLC Name

Corporation

A corporation is a business structure under Maine law (ME 13-C) that is legally distinct from its owners. Stockholders own it, with limited liability protection. It’s perfect for gaining external funds and shielding personal assets.

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 Maine?

Yes, for official recognition as a Corporation in Maine, registration with the Maine Secretary of State is mandatory.

Jump to: Register a Corporation Name

Sole Proprietor

A sole proprietorship is a solo-operated business. Simple to start, minimal paperwork. Owner and business are legally indistinguishable, leading to unlimited personal liability.

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 Maine?

In Maine, for sole proprietorships, it’s important to be aware that if your chosen business name doesn’t contain your full name, it’s required that you file a “doing business as” name (DBA). For example, if your full name is “Kelly Martin” and you run an Italian restaurant, you won’t need to register the name “Kelly Martin’s Italiana,” but, if you want to use a branded name like “Cucina Amore Italiana,” you’d need Maine (DBA).

Jump to: Register a DBA Name

Partnership

A partnership involves 2 or more owners sharing business responsibilities. Each partner has unlimited personal liability. Profits and losses are reported individually for tax purposes.

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 Maine?

In Maine, a partnership is required to register a “doing business as” (DBA) name if the last names of all partners are not included in the business name. For instance, consider a bakery partnership comprising Daniel Garcia, Sophia Lee, and Olivia Brown. They can operate as “Garcia, Lee & Brown Bakery Delights” without filing. However, if they opt for a creative business identity like “Sweet Harmony Confections,” they must file an Assumed Name (DBA) name.

Jump to: Register a DBA Name

3. File your Maine Business Name Registration

Having confirmed your business name’s availability and selected an appropriate structure, it’s now time to finalize the registration of your Maine business name. Ensure you follow the process that matches your chosen business structure. Remember, if you opted for a sole proprietorship or partnership, you’ll be filing a DBA.

Register a Maine LLC Name

To form an LLC in Maine, you’ll need to file a document known as a Certificate of Formation (MLLC-6) and submit it to the Maine Secretary of State. There’s a filing fee of $175 to create an LLC. In the Certificate of Formation (MLLC-6) filing 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 Registered Agent

Maine LLC Name Requirements

Maine LLCs must use a name that follows the naming rules outlined in Maine law (31 ME Rev. Stat. § 1508):

  • Must be distinguishable (unique) from all others businesses registered with the Maine 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 Savings, Savings Bank, Bank, Banker, Banking, Trust, Trust Company, Trust and Banking Company, Credit Union, the plural of any of these words or any derivatives of these terms.

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

Want Help Starting a Maine LLC?

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

Register a Maine Corporation Name

To register as a Maine Corporation, you’ll be required to complete and submit the Articles of Incorporation to the Maine Secretary of State, which costs $145. In your Articles of Incorporation submission you’ll need to provide details to the Maine Secretary of State about your business, including:

  • 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 Registered Agent

Maine Corporation Name Requirements

Corporations in Maine are required to use a name that follows the rules detailed under Maine law (13 ME Rev. Stat. §401):

  • Must be distinguishable (unique) from all others businesses registered with the Maine 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 Savings, Savings Bank, Bank, Banker, Banking, Trust, Trust Company, Trust and Banking Company, Credit Union, the plural of any of these words or any derivatives of these terms.

Want to Incorporate in Maine?

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

Register a Maine DBA (Assumed Name)

A Maine DBA (Assumed Name) allows a business to operate using a business name that is different than their legal name. To register a Maine DBA you’ll need to complete a Statement of Intention to do Business under an Assumed or Fictitious Name application and submit it to the city or town clerk’s office, along with the filing fee of $10. You’ll need to provide the following information:

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

Maine DBA (Assumed Name) Requirements

The rules for a Maine Assumed 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 Assumed 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 Maine, registering a DBA is necessary. Failure to file an Assumed Name Certificate is punished by a fine of $5 per day the business is delinquent.

Maine DBA Registration Assistance

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

4. File a Trademark (Optional)

Trademark registration can provide increased security for your business identity. A trademark is like a safeguard for your Maine business name, allowing you complete control over your brand. Unlike state-level registrations, trademarks offer federal-level protection that extends nationwide.

You can apply for a trademark online, but be aware that the process can be complex and time-consuming. Evaluation of a trademark application by a USPTO examining attorney takes approximately 7-9 months. Given the intricacies involved in the process, thoroughly preparing your initial application with great attention to detail is essential.

To streamline the trademark registration journey, seek guidance from a qualified attorney or specialized trademark filing service. Their expertise can save you time and simplify the complexities associated with 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 Maine

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