How to Check Business Name Availability
To check if a business name is available, search your state's Secretary of State business entity database, run a trademark search through the USPTO, and check whether a matching domain name is open. Each search covers a different layer of protection — you need all 3 before you commit to a name.
Why checking business name availability matters
Checking availability before you file protects you from having to rename your business after you've already built brand recognition, printed materials, or signed contracts. A name conflict can mean a rejected filing, a cease-and-desist letter, or a costly rebrand — none of which you want after launch.
State registration and federal trademark protection are separate systems. A name can be open at the state level and still conflict with a registered trademark. That's why a single search isn't enough — you need to check both.
Most entrepreneurs don't realize the state database only tells you whether the name is taken in that state. It says nothing about whether someone else holds a federal trademark on the same name or something close to it.
Step 1: Search your state's business entity database
Go to your state's Secretary of State website and use the business entity search tool to look up your proposed name. Every state maintains its own registry of LLCs, corporations, and other registered entities. If a business with the same or a very similar name is already on file, your formation documents will be rejected.
Each state has its own rules for what counts as "distinguishable." Most states require that your name be clearly different from existing registrations — not just spelled differently. Adding "LLC" or "Inc." to an already-taken name usually won't be enough to get it approved.
Search for your exact proposed name first, then search variations. Try dropping common words like "the" or "and," swapping abbreviations, and testing alternate spellings. If any of those return a match, the state may still reject your filing.
The SBA maintains a directory of state business registration resources at sba.gov to help you find the right office for your state.
Step 2: Run a federal trademark search
Search the USPTO's Trademark Electronic Search System (TESS) at uspto.gov/trademarks/search to check whether your proposed name — or something close to it — is already registered as a federal trademark or has a pending application. A state filing won't protect you from a federal trademark conflict.
TESS lets you search by word mark, owner name, and registration or application number. Search your exact name first, then search for phonetically similar names and common misspellings. Trademark conflicts aren't limited to identical names — a mark that sounds or looks similar in the same industry can still create a problem.
Business name availability and trademark availability are different things. A name can be open in your state's registry and still be federally trademarked by someone else. If you use a name that infringes on a registered trademark, the trademark holder can require you to stop using it — even after you've filed and formed your business.
If your search turns up a potential conflict, talk to a legal professional before you file. Trademark law has nuances that a database search alone can't resolve.
Step 3: Check domain name availability
After clearing the state and trademark searches, check whether a matching domain name is available. Even if you don't plan to build a website immediately, securing a domain that matches your business name protects your brand online and makes it easier for customers to find you later.
Search for your business name as a .com domain first. If the .com is taken, check whether the owner is actively using it or just holding it. A parked domain with no active site may be available for purchase, though prices vary widely.
If the exact .com isn't available, consider whether a close variation — things like adding "get," "the," or your industry — still works for your brand. A domain that's hard to remember or easy to confuse with a competitor's site creates problems down the road.
Check social media handles at the same time. Consistent naming across your domain, Instagram, LinkedIn, and other platforms makes your business easier to find and harder to impersonate.
Step 4: Reserve your business name
If your name clears all 3 searches but you're not ready to file your formation documents yet, most states let you reserve the name temporarily. A name reservation holds your chosen name in the state registry for a set period — typically 30 to 120 days depending on the state — while you finish preparing to file.
Name reservation is filed directly with the Secretary of State and usually requires a small fee. It doesn't form your business or give you any legal rights to the name beyond the state registry. It also doesn't protect against federal trademark conflicts.
If you're ready to file now, you don't need to reserve first — the name gets locked in when your formation documents are approved. Reservation is most useful when you've found the right name but need more time before committing to the full filing.
Tips for choosing a name that passes all 3 checks
A name that clears every search is easier to find when it's distinctive from the start. Generic names built around common industry terms — things like "Premier Consulting" or "Quality Services" — are more likely to conflict with existing registrations and harder to trademark later.
Keep these considerations in mind before you run your searches:
Avoid names that are too similar to existing businesses in your industry. Even if the state approves a name, a competitor with a similar name can create customer confusion — and potential legal exposure.
Check your state's specific naming rules. Most states require LLCs to include "LLC" or "Limited Liability Company" in the name. Corporations typically need "Inc.," "Corp.," or "Incorporated." Some states restrict certain words like "bank," "insurance," or "university" without additional licensing.
Think about how the name reads online. Short names with clear spelling are easier to search, easier to remember, and less likely to get lost in autocorrect.
If you want to run your business under a name different from your legal entity name, most states allow you to file a DBA — also called an assumed name, fictitious name, or trade name. A DBA lets you operate under a different name without forming a separate entity, but it doesn't give you trademark protection.
Frequently asked questions
How can I find out if a business name is available?
Search your state's Secretary of State business entity database, run a trademark search through the USPTO's TESS database at uspto.gov/trademarks/search, and check domain name availability. Each search covers a different layer — state registration, federal trademark protection, and your online presence. You need all 3 to get a complete picture before you commit to a name.
The SBA's business name guide at sba.gov/business-guide/launch-your-business/choose-your-business-name is a good starting point for understanding what each search covers.
How do I check if I can use a name for an LLC?
Search your state's Secretary of State business entity database to confirm the name isn't already registered. Your proposed LLC name must be distinguishable from existing entities in the state — not just spelled differently. Most states also require the name to include "LLC" or "Limited Liability Company."
After clearing the state search, run a USPTO trademark search to check for federal conflicts. A name that's open in the state registry can still be federally trademarked by someone else.
How do I check if there is already a business with my name?
Search your state's Secretary of State business entity database using your proposed name and common variations. If a match comes up, the state will likely reject your filing. Also search the USPTO's TESS database for federal trademark registrations — a business operating under a trademarked name may not appear in the state registry at all.
Checking both databases takes about 15 minutes and can save you from a rejected filing or a rebrand after launch.
Does registering a business name protect it?
It depends on what kind of protection you mean. Registering your LLC or corporation with the state prevents other businesses from using the same name in that state. But state registration doesn't give you federal trademark protection — someone in another state could use the same name, and a federal trademark holder could still require you to stop using it.
To protect your name more broadly, consider registering it as a federal trademark through the USPTO. A DBA or fictitious name filing does not protect your business name — it only lets you operate under a different name.
What happens if I want to do business under a different name than my legal entity name?
Most states let you file a DBA — also called an assumed name, fictitious name, or trade name — to operate under a name different from your registered entity name. The filing requirements and fees vary by state, and in some states the filing is done at the county level rather than the state level.
A DBA doesn't create a separate legal entity and doesn't protect your name from use by others. If name protection matters to you, a federal trademark registration is the stronger option.
Can I change my business name after I've filed?
Yes. You can change your legal business name by filing an amendment to your Articles of Organization (for an LLC) or Articles of Incorporation (for a corporation) with your state. The IRS also has a process for updating your business name on file — the steps depend on your entity type and tax classification.
Name changes take time and involve state fees. It's worth getting the name right before you file rather than correcting it later.
Ready to lock in your business name?
Once your name clears the state database, the trademark search, and the domain check, the next step is making it official. We handle the formation filing so you can focus on building your business.