You can check whether a business name is taken by searching your state’s business entity database, which is typically hosted by the Secretary of State’s office. But that single search isn’t enough. A name can be claimed at the state level, the federal trademark level, the county level, or simply through use in the marketplace, so a thorough check requires searching several places.
Search Your State’s Business Entity Database
Every state maintains a database of registered LLCs, corporations, and other formal business entities. Most states make this searchable online through the Secretary of State’s website (in some states, a different agency handles it). You’ll typically find a “Business Entity Search” or “Business Name Search” tool that lets you look up names by keyword, entity name, or sometimes by EIN.
To run your search, go to your state government’s website and look for the business filing or business registration section. Type in the name you want and review the results. Pay attention to names that are similar, not just exact matches. Most states will reject a new registration if the proposed name is “deceptively similar” to one already on file. That means “Greenfield Consulting LLC” and “Green Field Consulting LLC” would likely conflict even though the spelling differs slightly.
If you plan to register your business in multiple states, search each state’s database separately. A name that’s available in one state may already be registered in another.
Check the Federal Trademark Database
A state-level search only tells you whether the name is registered as a business entity in that state. It tells you nothing about trademark rights. As the National Association of Secretaries of State warns, registering a business name does not establish trademark rights, and it does not eliminate the risk of an objection from another party who holds a trademark on the same or a similar name.
The U.S. Patent and Trademark Office (USPTO) maintains a free, searchable trademark database at uspto.gov. The system (which replaced the older Trademark Electronic Search System, or TESS) lets you search for registered trademarks and pending applications. You can search by word mark, owner name, or registration number. Creating a free USPTO.gov account gives you a smoother experience, especially during periods of heavy traffic.
When you search, look for marks that are phonetically similar, visually similar, or that convey the same commercial impression as your proposed name. Trademark law uses a standard called “likelihood of confusion,” which means two names don’t have to be identical to create a legal conflict. “BluWave” and “Blue Wave” in the same industry, for example, could easily be considered confusingly similar. The USPTO offers free webinars and handouts on search techniques if you want to dig deeper.
Look Up County and Local Records
Sole proprietors and partnerships that operate under a name different from the owner’s legal name typically file a “Doing Business As” (DBA) registration, sometimes called an assumed name or fictitious name filing. These are usually registered at the county level with the county clerk’s office, not with the state.
This matters because a DBA name won’t show up in your state’s business entity database. Someone could be operating “Sunrise Bakery” as a sole proprietorship under a county DBA filing, and your state search would return zero results for that name. Many counties offer online search tools, but some require an in-person visit. Check the county clerk’s website for the county where you plan to do business. It’s the applicant’s responsibility to search these records before filing.
Keep in mind that a DBA is not a business license. It’s simply a name registration. You may still need separate licensing through your city or county.
Search for Unregistered (Common Law) Usage
Here’s the part most people miss: a business doesn’t have to register anything to have legal rights to a name. Under common law, trademark rights are established through actual use in commerce. A small business that has been operating under a name for years, even without a formal registration, may have enforceable rights to that name in its geographic area.
There’s no single database for this. Instead, run a thorough web search. Google the name in quotes, check Google Maps, and look at industry directories and review sites like Yelp. Search social media platforms for accounts using the name. If you find an active business already using your proposed name in the same industry or region, that’s a red flag regardless of whether they’ve filed paperwork.
Check Domain Names and Social Media Handles
Even if a name is legally available, you’ll want a matching web presence. Search for domain availability through any domain registrar. For social media, tools like Namechk check a username across 100+ platforms and 36 domain extensions at once, covering Facebook, YouTube, TikTok, Instagram, and dozens of others. If the .com domain and major social handles are already taken, you’ll either need to get creative with your branding or reconsider the name entirely.
This step won’t tell you anything about legal rights, but it’s a practical reality check. A name that’s legally clear but digitally unavailable creates branding headaches from day one.
Putting It All Together
A complete name search follows this sequence:
- State business entity database: Confirms no registered LLC or corporation holds the name in your state.
- USPTO trademark search: Confirms no federal trademark registration or pending application conflicts with your name.
- County clerk records: Confirms no DBA or assumed name filing exists locally.
- General web and social media search: Catches unregistered businesses with potential common law rights.
- Domain and handle availability: Confirms you can build a consistent online presence.
Each layer catches something the others miss. A state search won’t reveal a federal trademark. A trademark search won’t reveal a local DBA. And none of the formal databases will surface the unregistered business that’s been using the name for a decade. Running all five checks takes about 30 minutes and can save you from a costly rebrand or a legal dispute down the road.