Every state maintains a searchable database of registered business names, and checking it is free. Your first stop is your state’s Secretary of State website (or equivalent office), where you can run a business name search in under a minute. But that search alone isn’t enough to guarantee your name is truly available. You also need to check federal trademarks and, ideally, domain names before committing.
Search Your State’s Business Registry
The official record of every LLC, corporation, and other registered entity in your state lives in a database maintained by your Secretary of State, Department of Corporations, or a similar agency. Nearly every state offers a free online search tool. Look for a link labeled “business search,” “entity search,” or “name availability” on the agency’s website.
Type in the name you want and review the results. If an active entity already has that name, or one that’s too similar, you’ll need to pick something else. Some states return only exact matches by default, so try variations: drop “The” from the beginning, swap “and” for “&,” and search for phonetic alternatives. If you’re forming your LLC in one state but plan to do business in others, run the search in each of those states as well, since you’ll eventually need to register there too.
How States Decide Two Names Are Too Similar
States don’t just look for an exact duplicate. They apply “distinguishability” rules, and understanding them will save you from picking a name that gets rejected on your filing. While rules vary, most states follow the same general principles.
- Entity suffixes don’t count. Adding “LLC” or “Inc.” to the end of an existing name doesn’t make it different. Words like “corporation,” “limited liability company,” “company,” “co.,” and their abbreviations are stripped out before comparison.
- Spacing and punctuation are ignored. “SunCoast” and “Sun Coast” are treated as the same name. Hyphens, apostrophes, periods, commas, quotation marks, and most special characters are removed before the system compares names.
- Capitalization doesn’t matter. All names are compared in uppercase, so creative casing won’t help.
- “&” equals “And.” “Smith & Jones” and “Smith And Jones” are considered identical.
- Numbers match their spelled-out versions. “7th Street” and “Seventh Street” are not distinguishable.
- Possessives equal plurals. “Baker’s” and “Bakers” are treated the same.
- Articles are dropped. “The,” “A,” and “An” at the beginning of a name are ignored.
What does make a name distinguishable? Different spelling (even creative misspellings), a different word order, or adding a preposition or conjunction. “Pacific Digital” and “Digital Pacific” could be considered distinguishable because the word order changed, even though the words are identical. “Pacific Digital” and “Pacifik Digital” could also pass because the spelling differs. These are narrow distinctions, though, and the state’s reviewer makes the final call.
Check the Federal Trademark Database
A name can be available in your state’s business registry and still be protected by a federal trademark. If someone owns a registered trademark on the name (or something confusingly similar) for your industry, using it could expose you to a legal challenge, even if your state approved the LLC filing.
The U.S. Patent and Trademark Office (USPTO) offers a free trademark search tool at uspto.gov. Navigate to the trademarks section and look for “Search our trademark database.” You can search by word mark, which checks the text of registered and pending trademarks. Try your exact name, close variations, and phonetic equivalents. The USPTO also provides clearance search guides and webinar recordings if you want to learn how to run a more thorough search using design codes or coordinated classes.
Pay attention to the class of goods or services attached to any results. Trademark protection is tied to specific industries. A trademark for “Apex” in software doesn’t necessarily block “Apex” for a landscaping company, but overlapping or related industries raise the risk of a “likelihood of confusion” claim. If you find a close match in your industry, choosing a different name is the safer path.
Check Domain and Social Media Availability
Even if your name clears the state registry and the trademark database, you’ll want a matching website domain and consistent social media handles. Discovering these are taken after you’ve already filed paperwork and printed business cards is frustrating.
Start with a quick domain search on any major registrar to see if the .com version of your name is available. Then check social media platforms individually, or use a tool like Namechk, which tests a username across 100+ social platforms and 36 domain extensions at once. Available names show up highlighted, and taken names appear dimmed. Running this check early gives you a realistic picture of whether your chosen name will work across the web, or whether you’ll need to get creative with spelling or add a word to find consistency.
You don’t need a perfect match on every platform, but having the same name on your website, Instagram, Facebook, and any industry-relevant channels makes your business easier to find and harder to confuse with someone else.
Reserve the Name Before You File
If you’ve found an available name but aren’t ready to file your LLC paperwork yet, most states let you reserve it. A name reservation holds your chosen name for a set period, typically 120 days, for a small fee. Most states also allow you to renew the reservation at least once if you need more time.
To reserve a name, submit a name reservation application through your state’s business filing office. Many states accept this online. You’ll pay the reservation fee, and once approved, no one else can register that name during the reservation window. This is especially useful if you’re still lining up funding, drafting an operating agreement, or waiting on a partner before you formally create the LLC.
Keep in mind that a state name reservation only protects the name within that state’s business registry. It doesn’t give you trademark rights, nor does it prevent someone in another state from using the same name. If brand protection matters to your business, consider filing a federal trademark application separately.
What to Do If the Name Is Taken
If your search turns up an existing entity with your desired name, you have a few options. The simplest is to modify the name enough to meet your state’s distinguishability standards. Adding a meaningful word (not just an article or suffix) or changing the word order may be enough.
Another route is to check whether the entity holding the name is still active. Many states show the status of each registered business in their search results. If the entity has been dissolved, withdrawn, or administratively terminated, the name may be available for reuse. Some states release these names immediately, while others impose a waiting period.
You can also contact the existing business directly. If the company is inactive or the owner is willing, they may consent to your use of the name, or you may be able to negotiate a transfer. Some states accept a letter of consent from the existing name holder as part of the approval process.
Finally, you can operate under a different public-facing name by registering a DBA (doing business as), sometimes called a trade name or fictitious name. Your LLC’s legal name would be something unique on file with the state, while your DBA lets you market under the name customers actually see. This approach works well when the exact name you want is taken in the state registry but isn’t trademarked.