When planning to form a California corporation, qualify a foreign (out of state or country) corporation or change the name of an existing corporation, while not required, it is suggested that you reserve the proposed corporate name, prior to submitting documents to the Secretary of State's office, because documents are constantly being received and processed and the availability of a name can change at any time.

Fictitious business names are not filed with the Secretary of State's office, and there is no provision in California for registration, in a central registry at the state level, of fictitious business names. Fictitious Business Name Statements are filed with the county where the principal place of business is located. To determine the applicable county agency where fictitious business names are filed, please refer to the list of California counties provided on the California State Association of Counties website.

Even though a proposed corporate name has been checked and/or reserved, stationery, signs, corporate seals, etc., should not be ordered until you receive notification of filing from the Secretary of State's office, because the corporation is not created or qualified until appropriate documents have been filed with the Secretary of States office.

The filing of documents to incorporate a California corporation or qualify a foreign (out of state) corporation does not authorize the use in this state of the corporate name in violation of the rights of any other person who may have acquired rights to the use of the name by reason of some other law such as the Federal Trademark Act (Title 15, United States Code, Section 1051), the California Trademark Act (Business and Professions Code Section 14200), the Fictitious Business Name Act (Business and Professions Code Section 17900) and common law rights, including rights to a trade name. If you have any questions regarding such rights, you should confer with private legal counsel.