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Name availability

How to check if a business name is available

Picking a name that's already taken means a rejected filing — or worse, a trademark dispute. Here's how to check availability the right way before you commit.

Check in the right order

A business name can be “taken” in more than one way, so check on multiple fronts before you invest in branding. Work through three steps: the state business registry where you'll form, the federal trademark database, and (optionally) reserving the name. Doing this up front is far cheaper than rebranding later.

1. Search the state registry

Every state's Secretary of State maintains a searchable database of registered business entities. Your name generally must be distinguishable from existing entities in that state to register. Use our business-lookup tool to open the official registry for your formation state and search the exact name plus close variations.

2. Check the trademark database

State availability isn't enough — another business may hold a federal trademark on a similar name in your industry, which can force you to rebrand even if the state lets you register. Search the USPTO trademark database for conflicts in your class of goods or services before you commit to the name.

3. Reserve the name (optional)

If your name is clear but you're not ready to file, most states let you reserve it for a set period for a small fee, holding it while you prepare. Once you're ready to form, lock in ownership and governance with an operating agreement so your new entity starts on solid footing.

Keep going

Frequently asked questions

Is a state name search enough?

No. A name can be free in the state registry but still conflict with a federal trademark. Check both the state database and the USPTO trademark database.

What makes a name “available” to register?

In most states your name must be distinguishable from existing registered entities. Exact or near-identical matches are usually rejected.

Can I hold a name before forming?

Often yes. Many states let you reserve a name for a fee for a limited period while you prepare your formation documents.

Name secured? Form it right

Set out ownership and governance with a free operating agreement, signed online by every member.