Key Takeaways

  • Checking business name availability is essential to avoid trademark conflicts, legal disputes, and costly rebranding.
  • The process includes searching federal and state trademark databases, DBA records, domain names, and social media platforms.
  • Each state has its own rules and search tools, so it’s important to check both federal and state records.
  • Reserving a business name is optional in most states but can protect it if you’re not ready to register your business.
  • Strong, unique, and scalable names support long-term branding and reduce the risk of consumer confusion.

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.

Broader Risks of Overlooking Business Name Searches

Failing to check business name availability can create risks beyond trademark infringement. A conflicting name might limit your ability to expand into new markets, obtain financing, or build credibility with customers. Investors and lenders often perform their own due diligence, and a conflicting name can raise concerns about your professionalism. Additionally, marketing and SEO efforts can be wasted if your business name competes with an established brand online. By confirming availability early, you protect your future growth and ensure brand consistency across all channels.

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.

State-Specific Name Search Tips

Each state provides a searchable database—usually through the Secretary of State—where you can check for existing business entities. For example, a business owner in Florida can use Sunbiz.org to search records, while California’s Secretary of State has its own business search portal. When using these tools, remember:

  • Search for exact matches and variations of your name.
  • Check both business entity names and registered trademarks.
  • Ensure the name is “distinguishable upon the records,” meaning it cannot be too similar to another registered entity.

New Heading: Reserving a Business Name

Content:In most states, you are not required to reserve a business name before registering it. However, name reservation can be valuable if you want to secure a name while preparing other aspects of your business. Reservation typically holds a name for 30 to 120 days, depending on state rules. This prevents another entrepreneur from registering the same name during your planning stage.

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.

Federal vs. State Trademark Protection

Many new business owners assume that registering a name with their state is enough to protect it nationwide. However, this is not the case. State registration only protects your name within that state. To secure nationwide rights, you must register with the USPTO. Without federal protection, another company in a different state could legally use the same name and limit your ability to expand.

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.

Aligning Your Name Across Platforms

Consistency across platforms strengthens brand recognition. After registering your name with the state and USPTO, secure matching:

  • Domain names (primary and common extensions like .com, .net, .org).
  • Social media handles to prevent others from misusing your brand.
  • DBAs if you intend to operate under variations of your official name.

Aligning your name across legal, digital, and marketing platforms ensures customers can easily find and trust your business.

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. 

Frequently Asked Questions

  1. Do I need to reserve a business name before registering?
    Not usually. Reservation is optional in most states, but it can temporarily secure your name if you’re not ready to register your entity.
  2. How do I check business name availability in my state?
    Go to your state’s Secretary of State website and use their search tool to look up exact matches and similar names.
  3. Does registering a business name with my state protect it nationwide?
    No. State registration protects your name only within that state. For nationwide protection, you must register a federal trademark with the USPTO.
  4. Can I use the same name as another business in a different state?
    Yes, if they haven’t registered it federally. However, you won’t be able to trademark it at the national level, and it may limit expansion.
  5. Why is it important to check social media when selecting a business name?
    Even if your name is legally available, someone may already use it online. Consistency across social platforms is key for branding and customer recognition.

If you need help with checking business name availability, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.