How to Check Business Name Availability
Bizee helps entrepreneurs check business name availability across state databases, the USPTO trademark registry, and domain search — before filing. Here's how to do it right.
Bizee Editorial Staff
Editorial Team
Introduction
To check business name availability, search your state's Secretary of State database, run a trademark search through the USPTO, and check whether the domain name is open. Each search covers a different layer of protection — and you need all 3 before you file.
Why business name availability matters
Your business name does more than identify your brand — it determines whether you can legally operate under that name in your state. If another business already registered the same name, your state will reject your filing. If a similar trademark exists federally, you could face an infringement claim even after your state approves you.
State registration and federal trademark protection are two separate systems. A name can be available in your state's database and still conflict with a federally registered trademark. That's why checking both matters before you file anything.
Most people don't realize how much time and money a name conflict costs until they're already in the middle of one — rebranding after formation means refiling paperwork, updating contracts, and rebuilding any brand recognition you've started to build.
Step 1: search your state's business entity database
Every state maintains an online business entity database through its Secretary of State office. Search your proposed name there first — this is the check that directly affects whether your formation filing gets approved. For LLCs and corporations, your name must be distinguishable from every other registered entity in that state.
"Distinguishable" doesn't mean identical. States compare names broadly — so "Acme LLC" and "Acme Services LLC" may be considered too similar depending on the state's rules. Search for your exact name and close variations before assuming you're clear.
Your business structure also affects naming rules. LLCs need a designator like "LLC" or "Limited Liability Company" in the name. Corporations need "Inc.," "Corp.," or a similar indicator. Each state sets its own required designators, so check your state's specific rules when you search.
Step 2: run a USPTO trademark search
After your state search comes back clear, run a trademark search through the USPTO's Trademark Electronic Search System (TESS) at uspto.gov/trademarks/search. TESS lets you search registered trademarks and pending applications by word mark, owner name, or registration number — and it's free to use.
A name can pass your state's entity search and still conflict with a federally registered trademark. State registration doesn't give you trademark rights — it only lets you operate under that name in that state. If someone holds a federal trademark on a similar name in your industry, they can challenge your use of it even if your state approved your filing.
Search your exact name and close variations. Pay attention to marks in the same industry — a trademark on "Apex" in the food industry doesn't necessarily block you from using "Apex" in software, but the overlap is worth reviewing with a legal professional if you're unsure.
Step 3: check domain name availability
Once your name clears the state database and the USPTO, check whether the matching domain name is available. Your domain doesn't have to match your business name exactly, but a close match makes it easier for customers to find you and strengthens your brand consistency.
Check the .com version first — it's still the default expectation for most customers. If the .com is taken, look at whether the owner is actively using it or just holding it. A parked domain with no real business behind it may be available for purchase. Alternatives like .co, .io, or a name variation with a descriptor ("get," "hq," your city) are common workarounds.
Also check social media handles for your name on the platforms most relevant to your business. Consistent handles across your website, Instagram, LinkedIn, and other channels make your brand easier to find and harder to confuse with someone else.
How to search name variations
Searching only your exact proposed name isn't enough. States compare names for distinguishability, not just exact matches — so you need to search variations too. This is the step most people skip, and it's where conflicts tend to surface after filing.
- Plural and singular forms ("Apex" vs. "Apexes")
- Common abbreviations ("National" vs. "Natl")
- Spelling variations ("Klear" vs. "Clear")
- Names with and without the required designator ("Apex" vs. "Apex LLC")
- Names with added descriptors ("Apex Solutions" vs. "Apex Services")
Run each variation through your state's entity database and through TESS. If a close match shows up, read the state's distinguishability rules carefully — some states will reject names that differ only by punctuation, articles like "the" or "a," or common business terms like "group" or "services."
What to do after your name clears
Once your name clears all 3 searches, you have a few options depending on how quickly you're ready to file. If you're filing soon, you can move straight to formation — your name gets reserved when your Articles of Organization or Articles of Incorporation are approved.
If you need more time before filing, most states let you reserve a business name for a set period — typically 30 to 120 days — by filing a name reservation with the Secretary of State and paying a small fee. This holds the name while you finish your preparation.
If you want to operate under a name different from your legal entity name, most states allow you to file a DBA — also called an assumed name, fictitious name, or trade name depending on the state. A DBA lets you do business under a different name without forming a separate entity. Keep in mind that a DBA doesn't protect your business name the way a trademark does — it only registers your intent to use that name locally.
FAQ
You can check business name availability for free through 2 official sources: your state's Secretary of State business entity database and the USPTO's Trademark Electronic Search System (TESS) at uspto.gov/trademarks/search. Both are free to use. Most state entity databases are searchable online without creating an account.
Search your state's Secretary of State business entity database for your proposed LLC name. Your name must be distinguishable from all other registered entities in the state and must include a required designator like "LLC" or "Limited Liability Company." After the state search, run a USPTO trademark search to check for federal conflicts.
It depends on your state's rules, but most states require that your name not be confusingly similar to an existing registered entity. Names that differ only by punctuation, articles like "the" or "a," or generic terms like "group" or "services" are often considered too similar. Search variations of your name — not just the exact version — before filing.
No, not beyond your state's borders. Once your LLC or corporation is filed and approved, no one else can register the same name in that state. But state registration doesn't give you trademark rights. If you want broader protection — across states or industries — you need to register your name as a federal trademark through the USPTO.
A DBA — short for "doing business as" — lets you operate under a name different from your legal entity name. Most states allow it, and it goes by different names depending on the state: assumed name, fictitious name, or trade name. You'd need one if you want to run a second brand under your existing LLC without forming a new entity. A DBA doesn't protect your name the way a trademark does.
Yes. Most states let you reserve a business name for a set period — typically 30 to 120 days — by filing a name reservation with the Secretary of State and paying a small fee. This holds the name while you finish preparing to file. Reservation periods and fees vary by state, so check your state's Secretary of State website for the current rules.
File an amendment to your Articles of Organization (for an LLC) or Articles of Incorporation (for a corporation) with your state. The amendment updates your registered name in the state's business entity database. You'll also need to update your Employer Identification Number (EIN) records with the IRS after the state approves the change.
Buzzfile is a third-party business directory that aggregates public business data. You can search it by business name to see what businesses are listed in its database. It's not an official state registry, so a Buzzfile search doesn't confirm whether a name is legally available for registration. For that, you need to search your state's Secretary of State database directly.
