Key Takeaways

  • Choosing an LLC name requires checking its availability at both state and federal levels.
  • Steps include basic online searches, fictitious name databases, state filing office checks, unregistered business name reviews, and trademark database searches.
  • Each state has specific rules, often requiring identifiers like “LLC” or prohibiting restricted terms.
  • Reserving an LLC name is optional in most states but can secure your chosen name until registration.
  • A strong LLC name should be unique, easy to spell, short, and convey a positive brand image.

Finding LLC available names when forming an LLC is one of the first steps to make to ensure you are choosing an acceptable name that is unique to your business and meets all of your state's requirements.

Business Name Availability Search

Performing a complete name availability search for your potential business is not necessarily an easy task. In the United States, a business has the ability to establish a trademark by using the name, whether it is in an official or unofficial capacity. In order to successfully complete your business name availability search, there are five steps you should follow:

  1. Perform a basic screening search.
  2. Search a fictitious name database.
  3. Search your state's filing office.
  4. Search unregistered business names.
  5. Search the federal/state trademark database.

Business Name Availability Search – Step One

Prior to digging deep with a detailed search, your first plan of action should be to perform a basic screening search. To perform a basic search, just go to any search engine online and search for the business name. By doing a preliminary search this way, you can easily see if another business is using the name you have chosen. You will also be able to determine whether there are any businesses marketing the same or similar type of product.

Business Name Availability Search – Step Two

The next step in your search should be to look at fictitious name databases. You can search these databases through your state or your county. For example, you can search the fictitious name database for the state of Florida here. Registered fictitious names are names that other businesses have as designated “doing business as” names.

It is not uncommon for small businesses to register a fictitious business name without taking the additional step of registering the trade mark or of even putting it online. If your search reveals a business name the same as or similar to the one you are considering, you should reconsider using the name.

Business Name Availability Search – Step Three

If you have chosen to operate your business as an LLC, corporation, or limited partnership, it is necessary to perform a search with your state's filing office. Performing this search will ensure that the name you want to use has not already been chosen by another LLC, corporation, or limited partnership.

Business Name Availability Search— Step Four

The fourth step is to find unregistered business names. To complete a search for an unregistered business name, you can use the Thomas Register. The Thomas Register is a website that has a database full of both registered and unregistered trademarks.

Business Name Availability Search— Step Five

Finally, when conducting a name availability search, you should search the federal government's database of registered trademarks. This database includes all trademarks registered by the United States Patent and Trademark Office. By checking this database, you can avoid any potential claims of willful infringement on trademark rights. If you are found to have willfully infringed upon a business's trademark rights, you may be subject to substantial penalties.

You will also want to check the database of registered trademarks for the state which you are planning to form your business in, and also any other states in which you may plan to do business. Often, a small business will only protect itself from trademark infringement within its home state, so it may not apply for federal trademark protection. By searching the state database in addition to the federal database, you are further protecting yourself from any liability for willful trademark infringement.

State-Specific Naming Rules and Restrictions

Each state has unique rules governing LLC available names. Generally, your business name must:

  • Include an LLC designator such as “LLC” or “L.L.C.”
  • Avoid misleading terms like “bank,” “insurance,” or “university” unless you have proper licenses.
  • Be distinguishable from other registered entities in the state’s database. Minor differences in punctuation or adding words like “Inc.” will not make a name unique.
  • Respect restricted words — some states prohibit words that suggest a government affiliation, such as “FBI” or “Treasury.”

Before filing, check your state’s Secretary of State website for its specific LLC naming guidelines.

Options for Choosing an LLC Name

Depending on the state you are operating in, there are certain requirements and restrictions which vary by state. It is important to choose an acceptable and descriptive LLC name in order to help ensure your business's success. Be sure to keep in mind these three considerations when choosing the name of your LLC:

  • Choose an LLC name that is easy to spell—Having an easy-to-spell name for your LLC enables people to find your business more easily
  • Choose a short LLC name—It is easier for people to remember shorter names, and also easier for people to refer your business to others
  • Choose a positive connotation for your LLC name—Remember, you want people to have positive feelings when they hear your business name.

Reserving an LLC Name

In most states, reserving an LLC name before officially forming your business is optional. However, if you are not ready to file Articles of Organization immediately, a reservation can protect your chosen name for a set period, usually 30 to 120 days.

  • How to reserve: File a short form with your Secretary of State and pay a small fee.
  • When it helps: If you are waiting on financing, partnership agreements, or licenses before filing your LLC.
  • Limitations: If the reservation expires before you file, another business may claim the name.

Federal vs. State Trademark Protection

Securing LLC available names is not just about state registration. Even if your chosen name is available at the state level, it could still conflict with an existing federal trademark.

  • State trademarks protect your business within that state’s borders.
  • Federal trademarks (USPTO) provide nationwide protection and prevent others from using the name in similar industries.
  • Best practice: Search the USPTO’s online trademark database (TESS) before filing to ensure no conflicts.

If you intend to grow beyond your state or operate online, federal trademark protection is highly recommended.

Tips for Brainstorming Unique LLC Names

When selecting LLC available names, balance creativity with compliance. Consider these strategies:

  1. Blend words – Combine industry terms with unique descriptors (e.g., “EcoBuild LLC”).
  2. Geographic tie-ins – Add your city or region for local identity, but avoid if you plan to expand.
  3. Check domain availability – Align your business name with a matching website domain to strengthen branding.
  4. Think long-term – Avoid overly narrow or trendy names that may limit your future services.

A memorable, compliant name makes it easier to build brand recognition and protect your business legally.

Frequently Asked Questions

1. How do I know if my LLC name is available in my state?

Check your state’s Secretary of State business entity search tool. If the name is not listed or is marked as “inactive,” it may be available.

2. Do I have to reserve my LLC name before filing?

In most states, no. Reservation is optional but useful if you need time before filing your Articles of Organization.

3. What happens if I pick a name already trademarked federally?

Even if your state accepts the name, you could face legal issues. Always search the USPTO database before registering.

4. Can two LLCs in different states have the same name?

Yes, unless one of them has secured a federal trademark, which grants nationwide protection.

5. What words cannot be used in an LLC name?

Restricted terms vary by state but often include “bank,” “trust,” “insurance,” or terms implying government affiliation.

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