Key Takeaways

  • Ensure your business name is unique to avoid trademark infringement and legal issues.

  • Conduct a comprehensive search using the USPTO database to check for federally registered trademarks.

  • Your business name cannot conflict with existing business names at the state level. Check with your state’s business name registry to confirm.

  • Running a domain name check helps you secure a matching web address before someone else claims it.

  • Check social media to ensure another party does not already use your business name.

  • Perform a Google search to see if anyone else uses your business's name unregistered or informally.

  • Register your business name with your state. You might also want to get a federal trademark to protect your name and logo in a broader sense.

  • Post a job on UpCounsel to find a business lawyer in your state to answer questions about business names. 

Starting a new business? Before you start your first big marketing campaign, you need to check that your business name isn’t being used by someone else. Otherwise, you may face trademark infringement.  

Here is a helpful guide on how to check if a business name is taken. 

Importance of Checking Business Name Availability

When you first decide on a business name, you might wonder, "Is my business name taken?"  

Answering this question is wise before proceeding with formal business formation activities, marketing, or branding.  

Checking that your business name is not taken is a non-negotiable step for forming a unique brand; failing to do your due diligence may have legal implications.  

For example, if your proposed business name is too similar to an existing business name, you risk trademark infringement, expensive legal battles, and the need to rebrand.  

These issues can result in brand confusion, reputational harm, legal battles, and associated costs.

Steps to Check if a Business Name is Taken

To prevent the repercussions mentioned above, follow the steps below to determine if your desired business name is taken.

How Can I Check If a Company Name Is Taken?

Follow these steps to cover all of your bases and perform a comprehensive search to get the answer to, “Is this company name taken?”

Step 1: Search the U.S. Patent and Trademark Office (USPTO) Database

To check that your business name hasn’t already been federally registered, the simplest thing to do is perform a trademark search using the Trademark Electronic Search System (TESS) on the United States Patent and Trademark Office (USPTO) website.  

This tool searches for existing trademarks similar to your name. Look for identical names and those that might be confusingly similar, especially to other businesses in your industry.  

Remember, a federally registered trademark registrant has the exclusive right to use the trademark for the goods or services identified in the registration nationwide, so make sure your business name isn’t already taken.

Step 2: DBA Checking

Some business entities may use a trading name or a ‘Doing Business As’ (DBA). Sometimes, companies will use a DBA instead of their registered name.  

Thus, just because there is an absence of a business entity with the same name in your state does not necessarily mean you are in the clear.  

Companies operating under fictitious names in many localities must register a business name with the city or county.  

By looking up these DBA registrations, you may find out if a competing business in your neighborhood uses the name you want to use. 

It's possible that a company that has filed for DBA trademark rights in the business name and has developed significant local brand awareness could find it more challenging to market your company.

Step 3: Check with Your State’s Business Name Registry

Once you confirm your proposed business name is not federally registered, you are ready to check whether your state has also registered it.  

Every state has a database, usually run by the Secretary of State’s office, where you can search for registered business names.  

This is essential because your proposed business name could be taken even if it hasn’t been federally trademarked.  

You can search online in most states to ensure the proposed business name is available.  

If someone uses a business name too similar to yours, create a different business name or modify your proposed name to be ‘distinguishable upon the records.’

Step 4: Perform a Domain Name Search

Just as you check your business name’s availability at the municipal offices, you should also check your preferred domain name’s availability in the digital world.  

Having a domain name that matches your business name means having a more powerful brand that’s easier to search for online.  

Go to any domain registration site – there are many out there, such as GoDaddy or Namecheap – and type in the domain you want to secure. If the domain name is not taken, you can use it. 

If your preferred domain name is already taken, try a different domain extension (such as .net or .co) or slightly tweak your business name to match the available domain.

Tips for Choosing a Domain Name

Theoretically, choosing a domain name for your business should be very simple.  

Unfortunately, just because a given domain name fits your business from a marketing standpoint, it doesn't mean you will be legally allowed to use the domain name you have chosen.  

For instance, if your chosen name is similar to other commercial domain names, you can quickly lose your domain name and start from scratch.  

Losing a domain name can be disastrous, particularly if you've already invested money into marketing your website.  

Legal conflicts arising from domain names fall under the umbrella of trademark law.  

If you want to avoid a conflict when choosing and registering your domain name, there are certain considerations to keep in mind: 

  1. A trademark is a name that indicates the source of a service or product.

  2. If your trademark is memorable and unique, it is protected by state and federal law.

  3. Achieving distinction for your trademark through advertising and sales provides you with legal protections.

  4. Trademarks are considered in legal conflict when customers are likely to be confused using both marks.

  5. When a conflict arises, the first person to use the trademark for commercial purposes legally owns the mark.

  6. If the courts determine a legal conflict, the last person to use the mark will be forced to stop and may have to pay damages to the trademark owner. 

When choosing your domain name, you should consider these principles of trademark law. Do your research to be sure you select a domain name that won’t be confused with the domain name of another business.  

Selecting a completely original domain name will preserve your website's rights and help avoid a costly trademark infringement lawsuit.

Step 5: Search on Social Media Platforms

Searching the Internet is one of the quickest ways to determine whether someone else has already taken your business name. In addition to trademarks and domain names, you need to know your business name is not already being used on social media.  

Free and paid name-checking social media sites can help you see if your business name is being used on social media.  

Alternatively, you can also perform your own search by typing in your business name and similar variations into popular social media sites such as Facebook, Instagram, LinkedIn, Twitter, TikTok, and Pinterest.  

You don’t need to use these platforms—you just need to ensure someone isn’t using your new potential business name on them.  

Quickly search these platforms to see if the name is in use. If you discover a conflict, you must come up with another name or some variation to remain consistent with your brand name on all channels.

Step 6: Conduct a General Google Search

Finally, conduct a broad Google search of your business name to confirm it isn’t being used informally or in some other capacity.  

A broad Google search can alert you to whether the name has been claimed for a blog, a small business that hasn’t registered its name officially, or some other entity that may not be registered in trademark databases.  

A thorough search will minimize the chances of your brand name being confused with a different brand or other online presence already using the name.

Additional Considerations for Business Name Selection

Choosing your business name is one of the first and most important steps in building your brand.  

Not only should your name be memorable, but it should also be legally compliant and scalable.  

A memorable name will help your business stick in the minds of potential customers and make it easier for them to talk about you or remember you.  

However, even if you come up with a memorable name, it is no good if it isn’t legally compliant. This means it doesn’t infringe on existing trademarks or business names.  

If you’re focused on scalability, consider how your business might grow or expand. Consider whether your name encompasses the possibility of creating new products, services, or markets without being constrained by your current offerings.  

A name referencing a specific product or service could be particularly limiting if you grow into related or unrelated areas. 

Generic names can be so unmemorable that building a strong brand around them will be difficult. Names that are too similar to existing businesses might also lead to customer confusion or disputes over trademark infringement with the existing business.  

To avoid these pitfalls, research existing names and pick a creative, unique name relevant to your brand.

Registering Your Business Name

Once you’ve confirmed your business name is available, follow these steps to register it:

  • Registering at the State Level: Business name registration is one requirement for registering a business entity like a limited liability company (LLC) or corporation with your state. 

  • You File With the Secretary of State’s Office or Similar Agency: This is generally done online through your state’s business registration portal. If your business will operate under a different name than its legal name, you may also need to register a DBA name.

  • Trademark: If you plan to operate nationally or simply want to protect your brand more broadly, you can apply for a trademark from the United States Patent and Trademark Office.  

A trademark protects you nationwide, so no other business can use your name to offer similar goods or services.  

You can apply for a trademark by applying to the USPTO, which will include information about you and your business, the name you want to trademark, and the goods or services you use it for.

Conclusion: Business Name Searches

Checking whether a business name is taken is an important part of forming your new entity.  

Go through our how-to guide to ensure you choose a unique name that doesn’t violate any trademark infringements. This way, you can position yourself to market.  

If you have questions about business name trademarks and other business law issues, post a job on UpCounsel to find a business lawyer in your state. 

FAQs

What is a business name registration?

When forming a new business entity, you must register your new business name with the state where you will operate. 

Can I register a business name online?

Some states may allow you to register your business name online, while others require that you file paper documents in person or by mail. You will need to verify your state-specific process. 

Can I rename my business after?

To change your business name after one has been established, simply file an “Articles of Amendment” with your state. The new name must be approved before you use it. 

Can two businesses have the same name?

You may not use the same business name as a company if the business name has been trademarked. 

Where can I check if a business name is taken?

To check if a business name is taken, follow this UpCounsel how-to guide.

What do you do if someone copies your business name?

If another individual or entity attempts to copy your business name, your first inclination may be to take legal action.  

However, consider first reaching out to the individual and politely informing them this is your intellectual property, as they may be unaware and change the name.  

If this is ineffective, you can file for a trademark on your business name, giving you the authority to take legal action. 

How do I know if a business name is trademarked?

How to check if a business name is taken, you ask? Simply use the United States Patent and Trademark Office's federal trademark database (USPTO) or your state-specific search data.

Can I trademark my business name if someone else is using it?

You cannot trademark your business name if someone else has trademarked it first. 

Should my business and LLC have the same name?

In short, it depends. Your business and LLC name do not have to be the same. Your business name is what you use to market your company, whereas your LLC’s name is used for legal and financial purposes.

Does your logo have to match your business name?

No, your logo does not have to match your business name. Your logo is a part of your brand and how you market your business to potential clients. They can match, but there is technically no obligation for them to.

Can I sell my business name?

In short, yes. You can sell or transfer your business name to another business.