Corporations Reserve or Register a Business Name Under Business License statutes AS 43.70 there are no restrictions on how many business licenses may have the same name; thus there may be multiple business licenses with the exact same name owned by different people. Under Corporation statutes AS 10.06 a business may obtain exclusive rights to a business name by filing a Business Name Reservation (protects a name for 120 days) or a Business Name Registration (gives exclusive rights for 5 years). NOTE: Current Alaska Statutes do not restrict issuing multiple business licenses with the exact same name. The department is required to issue a business license under AS 43.70, even if exclusive rights to a name have been secured under AS 10.06. If you have exclusive rights you want to exercise see below What is the remedy if exclusive rights are infringed upon? For information about reserving or registering corporate or business names in the State of Alaska click on the links below: 1. What is the difference between Reserving and Registering a Business Name? Reserving (protects for 120 days): A name reservation temporarily protects the name by giving the owner exclusive rights to the use of that name while a business or entity is being organized. You may reserve a business name if you are intending to do business using that name. A business reservation is valid for 120 days. Note: If the business name reservation has not expired but you are ready to use your reserved name please submit the following items together hardcopy: A notice to cancel your name reservation must include the entity number from the Certificate of Reservation and the notice must be signed by the applicant of the reservation. This will allow you to use your reserved name to create a business or entity using that same name. Your entity creation filing with the Corporations Section using the same name and/or a business license application to the Business License Section. Registering (gives exclusive rights for 5 years): A name registration gives the owner the exclusive right to the use of that name. To register a name a current Business License is required. A registered name is valid for five years including any portion of the filing year, and is renewable between October 1st and December 31st of the year of expiration. The names of the following entity types are registered automatically upon incorporation or organization by the Division: corporations; limited liability companies; limited liability partnerships; limited partnerships; cooperatives; non-profit corporations; Alaska religious corporations; professional corporations; or BIDCOs. 2. What are exclusive rights? Exclusive right gives the person who reserved or registered the name the exclusive right to the use of that name. Pursuant to Alaska Statute AS 10.35.040(b), the person with exclusive rights may seek a court order to prohibit the use by another person of a name that is not distinguishable on record from the reserved or registered name. The person with exclusive rights may seek a court order and damages through the courts. For more information on exercising your State of Alaska exclusive business name reservation or business name registration rights go to: Alaska Court System 3. How do I Reserve or Register a Business Name? Before you apply for a business name reservation or registration, be sure you read and understand the difference between Reserving and Registering a Business Name To reserve or register a business name follow the three steps below: Step 1: Determine if the name is "distinguishable" from another name on record by conducting a thorough search including, but not limited to: the internet; business license records; corporations records; professional license records; telephone directories; trade magazines; trademark records; and catalogs. Step 2: Avoid name restrictions. An unincorporated business may not use "incorporated" or "corporation" as part of its name, whereas an incorporated name must contain "corporation", "company", "incorporation", or "limited", or an abbreviation, as part of its name. A business name may not imply that the organization is a governmental unit, e.g. a city, village or borough. Names that mislead regarding corporate purpose are not allowed. Vulgar names are not allowed. Words used to identify goods and services, used as slogans in advertising or used to indicate association with an organization are trademarks or service marks and cannot be registered as business names. To file Trademarks in Alaska go to the Corporations Section's or filed under the federal Lanham Act. Words used to identify an internet domain name or internet address cannot be registered as business names. Step 3: Begin the application process by selecting either one of the options below. Reserve a Business or Corporation Name IMPORTANT: Per AS 10.35.020(a), do not include a corporate indicator (such as INC, LLC, LP, etc.) which gives the impression the business is already incorporated. A business reservation is valid for 120 days. If you are intending to do business you may reserve (protect) your name while you organize. Online Filing is available for business name reservations and most online filings will post immediately. Hardcopy Filing: business name reservation may be submitted hardcopy and are processed within 10-15 business days after received by the department. The Business Name Reservation has a $25.00 non-refundable filing fee and is available at Forms & Fees. Register a Business or Corporation Name To register a business name a current Business License is required. A registered name is valid for five years including any portion of the filing year and is renewable between October 1st and December 31st of the year of expiration. The names of the following entity types are registered automatically upon incorporation or organization by the Division and do not need to file a business name registration: corporations; limited liability companies; limited liability partnerships; limited partnerships; cooperatives; non-profit corporations; foreign or domestic; Alaska religious corporations; professional corporations; or BIDCOs. Online Filing is available for business name registrations; however business name registrations are subject to Corporation Examiner review and are processed within 10-15 business days. Hardcopy Filing: business name registration filings may be submitted hardcopy and are processed within 10-15 business days after received by the department. The Business Name Registration has a $25.00 non-refundable filing fee and is available at Forms & Fees. 4. What is a "Distinguishable" Business Name? Under Business Licensing statutes and regulations there are no restrictions on distinguishable names. Under Corporation statutes and regulations there are restrictions on distinguishable names for entities. For more information regarding distinguishable names under Corporation statutes and regulations go to What is a “Distinguishable” Business Name ? There are no restrictions in Business Licensing or Corporation statutes or regulations on deceptively similar names. For example: Cups Express vs. Cupz Express. 5. What is the remedy if exclusive rights are infringed upon? Pursuant to Alaska Statute AS 10.35.040(b), the person with exclusive rights may seek a court order to prohibit the use by another person of a name that is not distinguishable on record from the reserved or registered name. The person with exclusive rights may seek a court order and damages through the courts. For more information on exercising your State of Alaska exclusive business name reservation or business name registration rights go to: Alaska Court System This Division does not provide legal advice. The information contained within these webpages is provided for your convenience and is not to be interpreted as legal advice. It is your responsibility to know what your registering, reporting and filing requirements are based on your specific business activities. Not knowing what is expected of you may not preclude you from the legal obligation to meet these requirements and compliance with the law. You are encouraged to seek the advice of a professional, such as a Certified Public Accountant (CPA) and/or Attorney if you need additional assistance. Contact Us When contacting this office, please direct your questions to the appropriate Section: Corporations, Professional Licensing, or Business Licensing. Each Section specializes in its own requirements per Alaska statutes and regulations. Professional Licensing Section Email: License@Alaska.Gov Corporations Section Email: Corporations@Alaska.Gov Business Licensing Section Email: BusinessLicense@Alaska.Gov