Key Takeaways

  • LLC name availability must be verified through your state’s business entity search tool and additional online resources to avoid conflicts.
  • States typically have specific naming rules, such as prohibiting certain words or requiring entity identifiers like “LLC” or “Limited Liability Company.”
  • Beyond state databases, searching federal trademarks, domain availability, and fictitious name (DBA) listings can help ensure your chosen name is unique.
  • Name reservations allow you to secure your LLC name for a limited time before filing, preventing others from registering it first.
  • Alternate names or DBAs can be used for marketing flexibility but require proper registration and compliance with state laws.

LLC Name Availability

States require new limited liability companies to have a distinct name that is not similar to another entity. There are several ways to check an LLC's name availability, including:

  • Your state's business entity database.
  • An online name availability lookup service.
  • A search engine like Google.
  • Network Solutions.
  • Fictitious name databases.
  • The Thomas Register.

Until you have officially registered your business name and been approved in your state, your preferred name can still be taken by someone else. Check with your state's filing office for name requirements regarding LLCs, corporations, or limited partnerships depending on the type of business you wish to establish.

Once you have exhausted all of the above search options, conduct a business name search through the United States Patent and Trademark Office (USPTO). Checking this database can help you avoid infringement claims or violation of trademark laws. If you have already chosen a business name that infringes on someone's trademark rights, you could face a lawsuit. Remember that most small businesses do not need to file for federal trademark protection, but you should still check the federal database to assist you in coming up with a distinct business name.

New Heading: State-Specific Naming Rules

Each state enforces its own LLC naming requirements. These rules often go beyond simple name uniqueness checks and may include:

  • Prohibited Words – Terms like “Bank,” “Attorney,” or “University” may require special licenses or approval.
  • Required Identifiers – Most states mandate including “LLC” or “Limited Liability Company” in the name.
  • No Implication of Government Affiliation – Words such as “FBI” or “Treasury” are generally restricted.
  • Avoiding Confusion – Names must be distinguishable from existing entities in spelling, spacing, and punctuation, not just wording.

Review your state’s LLC Act or Secretary of State website for a full list of naming rules before you start your search.

Tips on Checking a Business Name

When searching for your preferred business name, be as specific as possible. Changing the name's punctuation or even the spacing of its letters can alter your results, giving you a false search. If the name you like is already in use, don't try to register it anyway. You'll only incur additional expenses to correct the filing.

Above all, use multiple search methods when checking your LLC business name. If you are satisfied that the name is distinct in your industry, you can move forward with establishing the LLC. On the other hand, if there's evidence that another business has a similar name, proceed with caution. At this point, it's best to come up with a different name rather than create one that doesn't stand out.

Using State Business Entity Search Tools

Most states offer an online business entity search where you can check for existing registered names. To use this resource effectively:

  1. Search Multiple Variations – Try different spellings, abbreviations, and word orders.
  2. Check for Similar Names – Even slight similarities can cause a rejection if the state deems the names too alike.
  3. Review Entity Details – Clicking into search results can reveal if a business is active, dissolved, or reserved.
  4. Use Advanced Filters – Some states let you narrow by status, type of entity, or keyword placement.

While these searches are free, they only confirm availability within that state. If you plan to operate in multiple states, repeat the search for each jurisdiction.

WHOIS Database

WHOIS is a domain database featuring all registered domains. As such, it's frequently used for legal purposes. Searching the WHOIS database can help you determine if your business domain name is available before you register the name. It can also help identify potential trademark infringement.

The WHOIS database also helps combat fraud or spam because database administrators can track users posting illegal content. Domains registered on WHOIS are protected from anyone trying to market or spam business owners, so you don't have to worry about being hit with automated queries just from being listed in the system.

To see if your domain is available, enter the information into the search field on the WHOIS homepage. You can then view results related to domain name availability, creation, ownership, and expiration details.

Domain Name Considerations

Checking LLC name availability should go hand-in-hand with securing a matching domain name. A good business domain is often:

  • Short and Memorable – Avoid overly long or complex web addresses.
  • Consistent with Your Business Name – Helps brand recognition and search engine optimization.
  • Available in Common Extensions – Prioritize .com, but consider .net or .org if relevant.

Using WHOIS can tell you if the domain is taken, but you can also use domain registrars like GoDaddy or Namecheap to explore alternatives and secure your chosen name quickly.

WHOIS Data Accuracy

According to the International Corporation for Assigned Names and Numbers (ICANN), providing false data or refusing to update information in the WHOIS database can result in having a domain suspended or canceled. Users can also file complaints if they discover a domain name is incomplete or incorrect. Since registrars are constantly verifying and correcting data, you can be assured by the database's accuracy.

Reserving an LLC Name

Once you've determined an LLC name is available for use, you may want to reserve it before filing the formation documents. Reserving a name is free but the amount of time you can reserve it for depends on the type of business. You can also cancel or withdraw a name reservation before the end of the reservation period.

Most name reservations can be renewed during the final 30-day reservation period, but check with your state to ensure you understand the process and which forms you need to extend a reservation. In most cases, there is no limit on how many times you can reserve an LLC name.

Reservation Periods and Fees

While many states allow you to reserve an LLC name, the reservation period and fees vary:

  • Duration – Common reservation periods range from 30 to 120 days.
  • Renewals – Some states allow renewal, but you must act before the reservation expires.
  • Fees – Typically range from $10 to $50, though some states offer free reservations.
  • Method – Reservations are usually made online, but certain states require paper submissions.

If you miss the renewal window, the name may become available for others to register.

“Doing Business As”

Foreign businesses may choose a “doing business as” or “DBA” business name. Domestic LLCs do not have this option. Unless a foreign company has a DBA name when registering domestically, it may be rejected by the state. Foreign entities with DBA designations cannot file documents online, but must instead submit paper copies.

Registering a DBA for an LLC

An LLC may register a “Doing Business As” (DBA) name to operate under a different brand without forming a new entity. The DBA process typically requires:

  • State or County Filing – Requirements vary by location.
  • Publication Notices – Some states require public notice in a local newspaper.
  • Renewal Deadlines – DBAs often must be renewed every few years.

DBAs don’t provide legal protection for the name beyond your registered jurisdiction, so conflicts can still arise if another business uses the same name elsewhere.

Alternate Names

In some cases, a business may want to operate under a different name, requiring the owner to register an alternate name. You can only register an alternate name after you have already established the business in your state.

Frequently Asked Questions

  1. How do I know if my LLC name is available? Search your state’s business entity database and check federal trademarks, domain availability, and DBA listings for conflicts.
  2. Can two LLCs have the same name in different states? Yes, unless one has trademark rights that apply nationwide, but each LLC must comply with its own state’s naming rules.
  3. Do I have to reserve my LLC name before filing? No, but reserving prevents others from taking it before you submit formation documents.
  4. How much does it cost to reserve an LLC name? Typically $10–$50, though some states offer free reservations.
  5. Can I change my LLC name after registration? Yes, but you must file an amendment with your state and update all licenses, contracts, and marketing materials.

Whether you are just starting to brainstorm your business idea or you're ready to search an LLC's name availability, consulting an attorney can ensure you're on the right track. Post your legal need on UpCounsel's marketplace for help establishing your LLC.