How to Check Business Name Availability: 5 Methods

Why you should check if a business name is available

You can check if a business name is taken by searching your state's Secretary of State database, running a USPTO trademark search, performing a DBA search, or using an online business formation service like LegalZoom. These methods help ensure your business stays compliant with state and federal laws while avoiding trademark infringement.

A name that uses forbidden terms, lacks a business structure designator, or is indistinguishable from competitors may earn you a rejection, no matter how polished your application is.

So, even in the states with fees to perform a business name search, it's well worth the time and money to do a quick check, if only for peace of mind.

How to check business name availability

While there are other things to consider when naming your business, finding out whether a business name is taken can be done in one of five main ways:

1. Perform a simple internet search

A search engine is one of the fastest ways to check whether a business name is available. However, search engine results only go so far, and relying on them entirely during the naming process may open you up to headaches later.

Use search engine results as a jumping-off point for more formal searches or to help you think up a list of unique names. Searching for businesses with the same name also can help you get a feel for competition in your industry.

2. Check with your Secretary of State

Every state has some form of business entity name search, usually on its Secretary of State website. Most states offer free searches, though some charge a small fee per query.

Many state-based searches allow you to filter by business structure, name, or even the identification number you'd find on a company's legal documents. This can help you ensure that your new business' name isn't taken or is too similar to an existing company.

Keep in mind that the process varies by state, so do your homework before following this path.

3. Try a DBA search

Sometimes, businesses advertise under a name different from their registered name—known as a DBA, or "doing business as." Since businesses aren't always required to register their DBA with the state, checking name availability can be trickier.

If you're in one of the states that requires DBA registration, simply use the state office's resources to do a search. If not, it's usually best to opt for a more thorough search through social media, search engines, and even e-commerce websites like Amazon.

4. Run a USPTO trademark search

Even if you find what you need with one of the other three options we've listed here, it may be in your business' best interests to check for registered trademarks with the U.S. Patent and Trade Office (USPTO). Not only can running a trademark search help you avoid potential legal troubles, but it can also give you invaluable insights into your competitors and industry as a whole.

While you're at it, consider trademarking your own business name, logo, or other aspects of your company.

5. Use an online business formation service

LegalZoom offers business formation services to help cover all your bases. We manage every stage of the process, such as running a business entity database search and filing all the appropriate documents with the state, so you can be ready to conduct business as quickly as possible.

Secure your brand presence online

Once you've verified your business name is available through the methods above, there are still a few steps every business owner should take to solidify their claim and begin building an online presence.

Search for domain names

Sometimes your business name is available but the domain isn't, often due to "cybersquatting"—when individuals buy domain names hoping to sell them later. If this happens, you have two options.

• Negotiate a purchase: Cybersquatters typically list asking prices and contact information.
• Pursue legal action: If the domain infringes on an existing trademark, you may have legal recourse.

Check social media handles

Depending on who you ask, social media handles are at least as important as your domain name when starting a business. Check Facebook, Instagram, X, TikTok, and other platforms to see how to reserve the social media handle you want.

By doing so, you can maintain a consistent brand presence and identity as you advertise and gain exposure.

Research other states

Even if you only plan to operate within your business' home state for the time being, it can pay off to research other name availability in other states. Often, a business name that's available in one state won't be in another, so planning ahead can help streamline any expansions you do later on. Remember that all states have a business name checker, so simply repeat the process you did for your original search in the new state.

What to do if your business name is taken

Sometimes, your first choice for a business name may already be taken. This is especially common in competitive industries. When this happens, here are three ways to resolve it.

Buy an existing trademark

Once a business name has been trademarked, it's possible to sell or buy that trademark if the owner so chooses. This means that it's entirely possible to reach out to a business owner and try to negotiate a sale.

While you’'re less likely to be successful with large, established businesses, many small business owners may be willing to sell their trademark and change names—for the right price.

Buy the business entity

A more extreme option is to buy the business tied to the trademark you want. Typically reserved for higher-potential business ideas whose success hinges on having the right name, this can be a way to know for certain that you legally own the name you need, free and clear.

Choose something similar (but distinct)

If all else fails, choose a name similar to your top choices but distinct enough to avoid legal or branding issues. Here are a few ways to brainstorm alternatives:

• Use online business name generators
• Hire creative contractors to develop and test concepts
• Run final options by an attorney for trademark compliance

Register your business name and trademark

After you've done everything you need to choose a business name, reserve domains, and social media handles, and prepare for future expansions, it's time to actually register your trademark and get to business.

Business entity registration

Following the rules we outlined earlier (and any state-specific laws), submit your business to be registered under its chosen name. This is typically done through the Secretary of State's office in the state in which you intend to do business.

If you need more help with this step, follow an expert-verified business registration guide to make sure it goes off without a hitch.

Trademark protection

Registering a trademark is one of the single most important ways to protect your business from intellectual property infringement, fraud, and even problems with brand reputation due to confusion around names.

Luckily, claiming a trademark is just as simple as doing a business name search. Just head to the USPTO website and follow its process. If you need help, this trademark registration guide will lead you through the step-by-step process.

Start your business

Whether you're creating an LLC, forming a corporation, or planning to continue on as a sole proprietor, you're officially ready to start your business and file articles of organization. Congratulations!

From here on out, you'll likely face countless challenges and opportunities—but hopefully none involving your chosen business name.

FAQs

Why is it important to check if my business name is taken

Running a business name search helps make sure that your name is distinct from competitors, legally available, and doesn't infringe on any existing trademarks or intellectual properties

Additionally, checking business names ahead of time can prevent issues such as complicated advertising, brand confusion among customers, and issues with your company's reputation.

What tools are available to help me check my business name?

Entrepreneurs can use tools like Google, various social media platforms, the USPTO's cloud-based trademark search engine, and even private business name checkers to determine business name availability.

Can I register a business name that's similar to an existing one?

While it is possible to register a name similar to that of an existing business, your chosen name must be distinguishable from competitors. Though this usually comes down to the state's judgment, the rules around having distinct business names are meant to help consumers distinguish between similar companies.

What should I do if my desired business name is taken?

If you try and fail to secure the business name you want, consider spending time thinking of similar names. Sometimes, business owners will hire creative contractors to help with this process.

Regardless of which route you choose, it's typically wise to run your name ideas by an attorney to make sure they comply with trademark laws.

What is cybersquatting, and how do I deal with it?

Cybersquatting is the practice of buying domain names with the intent to sell them later. You can typically negotiate a purchase directly with the owner or pursue legal action if the domain infringes on your trademark.

Usually, domain names owned this way are priced according to their potential value and have clear ways to contact the owners and organize a sale.

What are the penalties for trademark infringement?

Trademark infringement laws and penalties can vary from one place to another, but they generally range from actual damages (the money a trademark owner lost because of the infringement) to injunctions (court orders requiring a business to stop work) and even criminal charges (though these are reserved for the most extreme cases).

Is a business name search expensive?

Many states provide a business name checker free of charge for entrepreneurs, with others charging a small fee for each search performed.