You can check whether an LLC name is already taken by searching your state’s Secretary of State business entity database, which is free and available online in all 50 states. But a quick search is only the first step. Even if a name appears available in the database, it could still conflict with a registered trademark or fail your state’s distinguishability rules. Here’s how to run a thorough check before you commit to a name.
Search Your State’s Business Entity Database
Every state maintains a searchable database of registered business entities, typically hosted by the Secretary of State or a similar agency. Go to your state’s official website, find the business entity or business name search tool, and type in the name you want. Most databases let you choose between searching for an exact match, names that start with your term, or names that contain your term. Start with “contains” to cast a wide net and see everything close to what you have in mind.
You can usually filter results by entity type (domestic LLC, foreign LLC, corporation, etc.) and by status (active, inactive, dissolved). Pay attention to active entities first, but don’t ignore dissolved or reserved names. Some states keep reserved names off-limits for a set period, and a dissolved entity’s owner could still hold trademark rights to the name.
If the search returns no results, that’s a good sign, but it doesn’t guarantee the name is yours. You still need to clear a few more hurdles.
Understand Distinguishability Rules
States don’t just check for exact duplicates. They evaluate whether your proposed name is “distinguishable” from every existing registered entity name. The definition of distinguishable is stricter than most people expect.
Here’s what typically does NOT make a name different enough to qualify:
- Entity suffixes. “LLC,” “Inc.,” “Ltd.,” “Co.,” and their variations are stripped out before comparison. “Sunrise LLC” is not distinguishable from “Sunrise Inc.”
- Spacing. Spaces between words are ignored. “Right Now” is the same as “Rightnow.”
- Punctuation and special characters. Hyphens, apostrophes, periods, commas, exclamation points, parentheses, and most other symbols are removed before the comparison. “Joe’s Yard Care” and “Joes Yard Care” are identical in the eyes of the state.
- Capitalization. All names are compared in uppercase. Using creative capitalization won’t help.
- Ampersands vs. “and.” “Smith & Jones” is the same as “Smith and Jones.”
- Numbers vs. spelled-out numbers. “Circle 2” is the same as “Circle Two” or “Circle #2.” “19th Hole” matches “Nineteenth Hole.”
- Articles. “The,” “a,” and “an” are disregarded. “The Grand Hotel” is the same as “Grand Hotel.”
What can make a name distinguishable? Rearranging the word order, using different words entirely, or spelling words differently (not just creatively capitalizing them). Prepositions and conjunctions are generally counted, so “Coffee by the Lake” and “Coffee at the Lake” could be considered distinct. But the safest approach is to choose a name that looks and sounds clearly different from anything already registered.
Check for Restricted and Prohibited Words
States restrict certain words from LLC names entirely or require extra documentation before you can use them. The rules vary, but common patterns apply almost everywhere.
Your LLC name cannot include words suggesting it’s a different type of entity. Terms like “corporation,” “incorporated,” “limited partnership,” and their abbreviations are off-limits in an LLC name because they’d mislead the public about your business structure. Variations like “DBA” (doing business as) are also prohibited.
Words associated with regulated industries often require proof of licensing or written consent from a governing body. “Bank,” “insurance,” “university,” and “attorney” are common examples. If you want to use the name of a well-known trademark, government agency, educational institution, or charitable organization, expect the state to reject or flag your filing. The Secretary of State has broad authority to refuse a name that includes terms restricted under state law.
Search the Federal Trademark Database
Your state’s business database only covers entities registered in that state. A company in another state could already own a federal trademark on the same name, and using it could expose you to a trademark infringement claim, even if your Secretary of State approved your LLC filing.
The U.S. Patent and Trademark Office (USPTO) maintains a free, searchable trademark database at uspto.gov. Search for your proposed name and any close variations. Look for live (active) registrations in the same industry or category of goods and services you plan to operate in. Trademark law is built around the concept of “likelihood of confusion,” meaning two businesses can sometimes share a name if they operate in completely unrelated fields. But if a registered trademark covers your industry, using that name is risky regardless of whether your state approved your LLC filing.
The USPTO also offers free webinars on how to conduct a thorough trademark search, which is worth your time if your name is central to your brand.
Check Domain and Social Media Availability
A name that’s legally available isn’t always practically available. If someone else already owns the matching .com domain or holds the username on major social platforms, building an online presence under that name becomes significantly harder.
Start by searching for your name on a domain registrar to see if the .com, .net, and other common extensions are available. Free tools like social media name checkers let you search platforms like Instagram, Facebook, LinkedIn, X (Twitter), YouTube, and Pinterest simultaneously to see if your desired handle is taken across all of them. Running these checks before you file saves you from registering an LLC name that’s impossible to brand online.
If your ideal domain is taken but the LLC name is available in your state, consider whether a slight variation works, or whether a different name altogether would serve you better in the long run.
Reserve the Name Before You File
If you’ve confirmed your name is available but aren’t ready to file your Articles of Organization yet, most states let you reserve the name for a set period, typically 60 to 120 days. This prevents anyone else from registering it while you finalize your paperwork. Name reservation fees are usually modest, ranging from about $10 to $50 depending on the state.
Reservation is optional. If you’re ready to file your LLC formation documents right away, you can skip this step. The state will check name availability as part of the filing process and reject your application if there’s a conflict. But if you need time to line up funding, partners, or licenses, reserving the name gives you breathing room without losing it to someone else.