To reserve a business name in Georgia, file a name reservation request with the Secretary of State’s Corporations Division and pay a $35 fee. An approved reservation holds your chosen name for 30 days while you prepare your formation documents, and it applies to corporations, LLCs, and limited partnerships.1Georgia Secretary of State. How to Guide: How to Reserve a Name
Check That Your Name Will Actually Be Accepted
Two things get reservations rejected: the name isn’t distinguishable from one already on file, or it’s missing the required entity designator.
Georgia requires your proposed name to be distinguishable from every other active or reserved entity name on the Secretary of State’s records. Minor spelling tweaks or punctuation changes won’t satisfy the rule if the name still reads like an existing one.2Justia Law. Georgia Code 14-2-401 – Corporate Name Run your name through the Secretary of State’s online business search before you file to see what’s already registered or reserved.
Your name also needs the correct designator. Corporations must include a word like “Corporation,” “Incorporated,” “Company,” or “Limited,” or a standard abbreviation such as “Corp.” or “Inc.” LLCs must include “Limited Liability Company” or “Limited Company,” or an abbreviation like “LLC” or “Ltd. Co.”3Justia Law. Georgia Code 14-11-207 – Name
Certain words trigger extra scrutiny. Georgia law restricts terms like “bank,” “banking,” “trust,” and “credit union” unless your business is actually authorized to operate in that field. Only entities licensed to exercise trust powers or chartered as credit unions can use those words.4Justia Law. Georgia Code 7-1-243 – Restrictions on Banking and Trust Terminology Federal law separately prohibits using “Federal Deposit Insurance” or “FDIC” in a business name unless deposits are actually FDIC-insured.5Office of the Law Revision Counsel. 12 USC 1828 – Regulations Governing Insured Depository Institutions Names using regulated-profession terminology (insurance, engineering, banking) will be rejected if you don’t hold the corresponding license.
You can submit up to three name preferences on a single request, ranked in order. If your first choice is available, it’s reserved and the others are ignored.1Georgia Secretary of State. How to Guide: How to Reserve a Name Ranking backups costs nothing extra and saves you from starting over if your top pick is taken.
How to File and What It Costs
The filing fee is $35, made up of a $25 filing fee plus a $10 service charge. It’s nonrefundable whether your name is approved or rejected.6Georgia Secretary of State. Form – Name Reservations You’ll need to provide the exact proposed name (with designator), the applicant’s name (an individual or an existing entity), and a mailing address.7Justia Law. Georgia Code 14-2-402 – Reserved Name
Filing Online
Most filings go through the Secretary of State’s online portal. Create a user account, select “name reservation,” fill in your information and up to three name preferences, and pay by credit card (Visa, MasterCard, American Express, or Discover).1Georgia Secretary of State. How to Guide: How to Reserve a Name Standard processing takes about 7 business days.8Georgia.gov. Reserve a Business Name with Georgia Secretary of State
Filing by Mail
You can mail a completed Name Reservation Request form with a check or money order for $35 to the Corporations Division at 2 Martin Luther King Jr. Drive SE, Suite 313 West Tower, Atlanta, Georgia 30334.6Georgia Secretary of State. Form – Name Reservations Mail filings take roughly 15 business days.8Georgia.gov. Reserve a Business Name with Georgia Secretary of State
Once approved, you’ll receive a name reservation number. Keep it. You’ll need it when you file your Articles of Incorporation, Articles of Organization, or Certificate of Limited Partnership.
Expedited Processing If You’re on a Deadline
The Corporations Division offers three expedited tiers. Each fee is charged on top of the standard $35:9Georgia Secretary of State. Reference – Filing Fees
- Two business days: $120 additional. Response within two business days of receipt.
- Same day: $275 additional. The request must arrive by noon on a business day; anything after noon rolls to the next business day.
- One hour: $1,200 additional. Available on business days between 9:00 a.m. and 4:00 p.m. Requests outside that window are handled starting at 9:00 a.m. the next business day.
Expedited fees are nonrefundable, and the clock only runs during business hours on business days. Weekends and state holidays don’t count.
The 30-Day Window and What Happens If You Miss It
An approved reservation lasts 30 days or until you file your formation documents, whichever comes first.1Georgia Secretary of State. How to Guide: How to Reserve a Name That’s a tight window. Have your operating agreement, bylaws, or other governance documents close to final before you reserve.
Georgia offers no extensions and no automatic renewals. If the 30 days expire, the name becomes immediately available for anyone else to claim. You can file a brand-new reservation for the same name if nobody else has grabbed it, paying another $35.6Georgia Secretary of State. Form – Name Reservations The statute explicitly allows back-to-back reservations by the same or a different applicant.7Justia Law. Georgia Code 14-2-402 – Reserved Name Relying on repeated re-reservations is still risky. There’s no guarantee the name stays open between filings.
What a Name Reservation Doesn’t Protect
A Georgia name reservation only blocks other entities from registering the same name with the Secretary of State. It doesn’t shield you from federal trademark claims.
If your reserved name is identical or confusingly similar to a federally registered trademark, the trademark owner can sue for infringement under the Lanham Act. Remedies include injunctions, the trademark owner’s lost profits, your profits from the infringing use, and potentially tripled damages in egregious cases.10United States Patent and Trademark Office. Trademark Process Before you commit, search the USPTO’s trademark database for identical and similar marks in your industry.11United States Patent and Trademark Office. Search Our Trademark Database Rebranding an operating business is far more painful than checking upfront.
A reservation is also not the same thing as a DBA. A name reservation holds a formal entity name, the legal name on record for your corporation, LLC, or limited partnership. A “Doing Business As” filing lets an already-formed business operate under an alternative trade name, and multiple businesses in the same state can share the same DBA. If you want to trade under a brand name that differs from your legal entity name, you’d file a DBA after formation. Name reservation only applies to the formal entity name itself.
After Your Reservation Is Approved
One warning from the Secretary of State’s office matters more than any other: do not conduct any business activity under your reserved name until your formation documents are filed and a certificate is issued. That means no advertising, no signing contracts, no purchasing a seal, and no entering legal transactions under the name.1Georgia Secretary of State. How to Guide: How to Reserve a Name A reservation is a placeholder, not a license to operate.
Once your formation is accepted, you can apply for an Employer Identification Number from the IRS. The IRS recommends forming your entity with the state first, and the online EIN application is free.12Internal Revenue Service. Get an Employer Identification Number Have the responsible party’s Social Security number or ITIN ready, since the online session expires after 15 minutes of inactivity.