To register a Nevada business name that’s too similar to one already on file, you need a Nevada name consent form: a notarized written statement from the holder of the existing name authorizing your new filing. The Secretary of State publishes a combined “Name — Reservation, Consent or Release” form, and you submit the completed consent along with your articles of incorporation or articles of organization.1Nevada Secretary of State. Name Reservation
When Nevada Requires a Consent
Nevada law requires every business name on file to be distinguishable from every other. For corporations, NRS 78.039 directs the Secretary of State to return articles of incorporation when the proposed name isn’t distinguishable from an existing registration, unless the filing includes “the written, acknowledged consent of the holder of the name on file or reserved name.”2Nevada Legislature. Nevada Revised Statutes 78.039 – Name of Corporation: Distinguishable Name Required NRS 86.171 applies the same rule and the same escape hatch to LLCs.3Nevada Legislature. Nevada Code 86 – Limited-Liability Companies Foreign corporations qualifying to do business in Nevada are covered by NRS 80.010, which carries the same requirement.4Nevada Legislature. Nevada Code 80 – Foreign Corporations A name that’s available in your home state can easily be unavailable in Nevada.
“Distinguishable” is narrower than most filers assume. A proposed name is not considered distinguishable from an existing one just because it uses different lettering, a distinctive mark, a trademark, or a trade name.2Nevada Legislature. Nevada Revised Statutes 78.039 – Name of Corporation: Distinguishable Name Required Changing fonts, swapping “Inc.” for “LLC,” or adding a logo doesn’t help. If the core words match, you need a signed consent.
Search Before You Ask
Run your proposed name through the Secretary of State’s online entity search at esos.nv.gov/EntitySearch/OnlineEntitySearch before you prepare any formation documents.5Nevada Secretary of State. Services Look at active entities, reserved names, and anything that differs only in punctuation or entity suffix. Those are exactly the matches the Secretary of State’s office will flag on your filing.
If a conflict turns up, you have two options: pick a name far enough away from the existing one that no consent is needed, or contact the current holder and ask them to sign. Getting the signature before you submit avoids a rejection and the delay that comes with resubmitting.
Who Signs, and Why It Must Be Notarized
The person signing the consent must have authority to act for the existing entity. For a corporation, that’s typically an officer like the president or secretary. For an LLC, a manager or authorized member signs. The Secretary of State’s office verifies that authority against its own records, so a signature from someone not listed as an officer, manager, or registered agent will cause a rejection.
Notarization is the step filers most often miss. The statutes require “written, acknowledged consent,” and the form itself states that a name consent must be notarized.6Justia. Name – Reservation, Consent or Release The form has an acknowledgment block where the notary records the date, the signer’s name, and applies a stamp and signature. Arrange for the notary before the authorized representative signs. Banks, shipping stores, and mobile notaries can handle it quickly.
Filling Out the Form
Download the “Name — Reservation, Consent or Release” form from the Name Reservation page at nvsos.gov.1Nevada Secretary of State. Name Reservation The same document covers three different transactions, so complete the consent section specifically. You’ll need:
- The existing entity’s legal name, exactly as it appears on file. Copy it directly from the entity search results; even a small typo will cause a mismatch.
- The existing entity’s NV entity number, available through the same search.
- The proposed name for your new entity, including the required designator (LLC, Inc., Ltd., and so on).
- The signature of an authorized representative of the current holder, followed by the notary acknowledgment.
Check the existing entity name and number against the Secretary of State’s records one more time before notarization. The office rejects consents that don’t match its records exactly.
Filing With Your Formation Documents
You don’t file the consent on its own. It accompanies the new entity’s articles of incorporation or articles of organization. Submitting the consent without the formation paperwork defeats its purpose.
Most filers go through the SilverFlume portal at nvsilverflume.gov. Online filings are processed the same business day at no additional charge beyond standard filing fees, and you can upload the notarized consent as a supporting document during the formation workflow.7Nevada Secretary of State. Processing Dates
If you file by mail, include the notarized consent with your formation documents and a Customer Order Form, which the Secretary of State requires for mail-in submissions.1Nevada Secretary of State. Name Reservation Mail processing currently runs about one business day behind receipt, though that depends on filing volume. The Secretary of State has offices in Carson City and Las Vegas; confirm the correct mailing address for your filing type on the Contact page at nvsos.gov.8Nevada Secretary of State. Contact Us
Fees
The consent form itself does not appear to carry a separate filing fee. It rides along with your entity formation paperwork, which has its own fee schedule based on entity type (and, for corporations, authorized stock structure). Check current amounts on the Forms & Fees page at nvsos.gov.9Nevada Secretary of State. Forms & Fees Expedited processing is available on mail-in filings in tiered pricing; confirm the current tiers on the fee schedule for your entity type, since the charges apply to the overall filing rather than to the consent.
Keep a copy of the notarized consent in your permanent records. The Secretary of State retains the original, but your own copy is useful if a question comes up later during an amendment or a name dispute.
A Nevada Consent Isn’t Trademark Clearance
Clearing a conflict at the Nevada Secretary of State’s office doesn’t protect you from federal trademark claims. Another business can hold a federally registered trademark on the same or a similar name without ever filing a Nevada entity. Before you commit to a name, run a search through the USPTO trademark database at uspto.gov/trademarks/search.10United States Patent and Trademark Office. Search Our Trademark Database The USPTO recommends a comprehensive clearance search for similar marks to identify “likelihood of confusion” issues before you finalize. A state-approved name that infringes a federal trademark can still draw a cease-and-desist letter or a lawsuit, no matter what the Nevada consent authorizes.