How to Find Out if Your Preferred Business Name Is Already Taken

Choosing a business name is exciting and it’s one of the most important startup tasks. Your business name will be the cornerstone of your brand identity, and you’ll want to ensure the name you select isn’t already taken by someone else. That involves a name search and trademark search to check if any other companies have registered their business entity under the name you want to use or have applied for a trademark.

Using a name that another company has claimed could result in:

• The state’s denial of your request to register your business entity or rejection of your DBA (fictitious name) application
• Legal issues
• Customer confusion
• Inability to expand your company into other states
• Unnecessary expenses (e.g., needing to pay to refile registration forms with an alternate name, changing the name on sales and marketing materials, etc.)

Below, I’ve listed the basic steps for determining whether another company is using your desired name. In addition, it’s helpful to consult an attorney to validate that your findings are complete and accurate, and the name is available wherever you intend to form and operate your business.

1. Perform a Name Search Within Your State

Most states’ Secretary of State (or comparable agency) websites have a searchable database of registered business names in the state that you can use to research if another company has claimed your name in that jurisdiction.

2. Perform a Name Search in Other States

If you intend to expand your business operations into other states, thus establishing nexus and being required to foreign qualify your company in those states, you’ll want to conduct a name search in any states you anticipate conducting business in. Keep in mind that different states define “conducting business” and establishing nexus differently.

Generally, the following rules apply:

• Having employees who live or work in the state
• Having an office, storefront, warehouse, or other physical location in the state
• Reaching a certain sales or income threshold in the state.

3. Perform a Trademark Search

The United States Patent and Trademark Office (USPTO) allows anyone to search its trademark database to check for registered trademarks in the United States. So you can enter a business name to find out if a federal trademark exists, is pending, or was cancelled or abandoned.

If someone has registered to trademark their business name, other companies that offer similar goods or services in any state in the U.S. may run into legal issues if they register their business entity with the same name (or a confusingly similar name) or use it as a DBA name.

While someone becomes a trademark owner and establishes common law rights to the mark by being the first to use it, those rights are limited and apply only to the geographic area where they provide their products and services. Officially registering a trademark with the USPTO provides stronger, nationwide protection.

It’s also helpful to do a state trademark search to see if any companies have expanded their protections at the state level, along with a common law database search to find out if any businesses are using the name but haven’t applied for a registered trademark.

Additionally, I recommend researching whether the domain name you wish to use for your business is available. Typically, entrepreneurs try to get a domain name that reflects their business name, so if another company is already using that name for their website, consider whether choosing a different business name for your company is beneficial.

FAQs

Can I register my new LLC or Corporation with a name that another company is using if our industry, products, and services are different?

Some states allow dissimilar companies to use the same or similar name if what they offer is clearly different. States have varying rules for determining whether a business name is distinctive enough as not to create a conflict.

If I’m a Sole Proprietorship or Partnership, can I file to use another LLC’s or Corporation’s business name as a fictitious name?

Depending on the state’s rules, Sole Proprietorships and Partnerships in a state may or may not be allowed to use a fictitious (a.k.a. DBA) name that’s registered as the legal name of an existing LLC or Corporation. For example, someone can use any name as a DBA in California, even if the name is already registered to an LLC or Corporation. In contrast, Ohio does not allow anyone to use a DBA if the name is already used by another company as its legal name or fictitious name.

Note that while a business may be allowed to use a DBA that’s the same as a legal entity’s name, it would not be permitted to form an LLC or Corporation with the same name if they have products, services, or a target market similar to the business already using the name.

If an existing LLC or Corporation in a different state is using my desired business name, can I register my LLC or Corporation under that name in my state?

Typically, a business in one state may incorporate or form an LLC under a name used by another LLC or Corporation in a different state if it doesn’t violate any trademark rules. It’s wise to consult an attorney for legal guidance when intending to create an entity or file a DBA under a business name already in use.

Can I reserve a business name so no one takes it before I’m ready to start my company?

Many states allow name reservations, allowing someone who intends to use a business name to put it on hold for 30 to 90 days. If the business entity isn’t formed before the reservation period expires, the name becomes available to others.

More Helpful Resources

• Ten Tips for Creating a Business Name
• Should My LLC Be My Name?
• Do I Need a DBA If I Use My Own Name?
• Can Your LLC Have the Same Name as One in a Different State?
• How to Choose and Legally Use Your Business Name
• How to Perform a Business Name Search for Any State in the US
• Business Name Restrictions: What to Know Before Registering Your Business
• Registering a Business Name vs. Trademarking a Business Name