Glossary

Distinguishable name

The test a state applies to decide whether a new business name is different enough from the names already on file.

Also called: Distinguishable upon the records, Name availability, Deceptively similar.

A state won’t accept a name that is the same as one already on its records. Most states go further and ignore differences they consider trivial, so that two names that look different to you count as the same to them.

Commonly ignored: the ending (LLC, Inc., Corp.), punctuation and spacing, capital letters, "the", "and" versus "&", and sometimes singular versus plural. The exact list is set by each state, and some states are stricter than others.

The test only compares names on that state’s records. It doesn’t consider trademarks, and passing it gives you no trademark rights.

Where you'll see it in a business search

You won’t see the phrase in results. It is the rule the state applies when it reviews your filing.

Related terms

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