{"id":5528,"date":"2016-04-04T10:48:01","date_gmt":"2016-04-04T15:48:01","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/starting-a-business\/starting-your-own-business-business-name-availability.html"},"modified":"2026-05-12T01:17:00","modified_gmt":"2026-05-12T06:17:00","slug":"starting-your-own-business-business-name-availability","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/starting-a-business\/starting-your-own-business-business-name-availability.html","title":{"rendered":"Starting Your Business: Business Name Availability"},"content":{"rendered":"\n
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How to Check if a Business Name Is Still Available<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Checking business name availability is essential to avoid legal issues and ensure your chosen name is unique. Start by conducting online searches for domain names, using the Secretary of State’s business name database in your state, and using the U.S. Patent and Trademark Office’s database for registered trademarks.<\/p>\n\n <\/div>\n\n\n\n

So, you\u2019ve taken the leap to start your new\u00a0small business. You\u2019ve got your list of suppliers in hand and your business model fresh in your mind. You even have the perfect business name picked out \u2014 one that is going to bring the customers flooding in.<\/p>\n

However, you still need to verify the availability of the\u00a0business name<\/a>\u00a0you\u2019ve chosen. After all, you don\u2019t want to build a business under one name, only to have another company come in and force you to stop using it. Checking business name availability<\/span> is crucial to your\u00a0business startup<\/a>. This is true whether it\u2019s the legal name of your business or a\u00a0fictitious name<\/a>.<\/p>\n

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Trademark Law<\/h2>\n

To stay out of trouble with your company name<\/span>, it\u2019s a good idea to take a moment to understand the basics of\u00a0trademark law<\/a>. In general,\u00a0trademarks\u00a0exist to prevent businesses from using names that might\u00a0confuse consumers<\/a>. Consumer confusion can occur when different products have similar names<\/span>. The result can be that consumers cannot determine the source of the product.<\/p>\n

If you choose a name that is\u00a0too similar<\/a>\u00a0to the name of a competing business, that business may accuse you of infringing on its\u00a0trademark<\/a>\u00a0rights. When that happens, you may be forced to change the name of your business. You may even be ordered to pay monetary damages.<\/p>\n

In general, the best way to avoid infringing on someone\u2019s trademark rights is through\u00a0research, research, and more research<\/a>. You need to conduct thorough research\u00a0and find out if the name you have chosen\u00a0closely resembles\u00a0any competing businesses.<\/p>\n

Name Searching<\/h2>\n

However, doing a name search for\u00a0potential competitors\u00a0is not always an easy task. While it would be nice to say there is one place you can go to find out all the trademarked names in use, that is just not possible.<\/p>\n

The U.S. Patent and Trademark Office<\/span> (USPTO<\/span>) maintains a registered trademark\u00a0<\/span>database<\/span><\/a>. But under United States law, a business can establish an unregistered trademark just by\u00a0using the name<\/a>. Because of this, you have to be clever in performing an unregistered trademark search<\/span> too. Here are some suggestions:<\/p>\n

1. Basic Screening Search<\/em><\/h3>\n

One of the best steps you can take before jumping into a full-blown search is a simple screening search. This will help you make sure that doing a more in-depth search is worth it. A great way of doing a screening search is to plug the proposed name<\/span> of your business into your favorite search engine online and see the results. That is a basic first step to see if another company is already using your name (or a very similar name<\/span>) to\u00a0market<\/a>\u00a0a similar product. If this quick internet search shows your name is in use, you should think of some other names that yield no similar results in an internet search.<\/p>\n

2. Look at the Fictitious Name Databases<\/em><\/h3>\n

Even if you come up with no similar company names<\/span> in your basic internet search, you still need to keep digging. The next step in your search is to see if another business is doing business under your preferred name. This is usually referred to as a\u00a0\u201cdoing business as\u201d (DBA)<\/a>\u00a0name. It is also sometimes referred to as a trade name<\/span>, an assumed name, or a fictitious name. To find out if another business is using your name as a DBA, you should go through the\u00a0fictitious name<\/a>\u00a0database. You can usually find this database on the website of your secretary of state<\/span> or another local agency. It will contain all the registered fictitious business names (DBA names<\/span>) being used in your county or state.<\/p>\n

This is a great next step to take after using an online search engine. Many small businesses register a fictitious business name without registering it as a trademark or putting it online. So, if you find a DBA name<\/span> that is the same as, or very similar to, the business name you have chosen, you should think twice about using it.<\/p>\n

3. Databases Listing Corporation, LLC<\/span>, and Limited Partnership<\/span> Names<\/em><\/h3>\n

You will need a unique name for your company when you file the paperwork to formalize your\u00a0business structure<\/span><\/a>. If you are planning on operating your company as a corporation, nonprofit<\/span> corporation,\u00a0limited liability company<\/span> (LLC<\/span>)<\/a>, or\u00a0limited partnership<\/span> (LP)<\/a>, you need to check with your state to see if another business entity is already using that name. Your secretary of state<\/span> or similar agency will handle business filings<\/span>. That agency often has a searchable database to help you find out if another local business entity\u2019s name is the same as or similar to yours.<\/p>\n

If another local corporation, LP, or LLC<\/span> name is the same as or very similar to yours, you should go back to the drawing board.<\/p>\n

4. Find Unregistered Business Names<\/em><\/h3>\n

The internet is a great place to start searching for unregistered trademarked business names. Simply searching for your proposed business names can provide you with a wealth of information.<\/p>\n

There are many online resources available to help you find unregistered business names. For instance, there are business entity databases that are more tailored to the manufacturing industry. There are additional online resources to check website\u00a0domain name<\/span><\/a>\u00a0availability<\/span>.<\/p>\n

However, you should always keep in mind that there is no \u201cone, complete source\u201d you can use to be sure that the business name you have chosen is safe. It is always best to use more than one search method and be as thorough as possible.<\/p>\n

5. Registered Trademarks<\/em><\/h3>\n

The final place that you should look when conducting your business name search<\/span> is USPTO<\/span>.gov. There, you will find the USPTO<\/span>\u2019s database of registered trademarks. This database includes every trademark that the USPTO<\/span> has registered.<\/p>\n

Checking the USPTO<\/span>\u2019s database can help you to avoid claims of willful trademark infringement. If you infringe on a trademark listed on the USPTO<\/span>\u2019s trademark database<\/span>, it can raise the question of whether you did so intentionally. If you are found to have willfully infringed another\u2019s trademark rights, you could face steeper penalties.<\/p>\n

However, keep in mind that another business can still sue you for\u00a0trademark infringement<\/a>\u00a0even if your infringement is not willful. This is why it\u2019s imperative to conduct a thorough search of business names.<\/p>\n

In addition to checking the federal database of registered trademarks, it is also a good idea to check your\u00a0state\u2019s database<\/a>\u00a0of registered trademarks. It often happens that a small business will only need trademark protection within its home state. Because of this, many small businesses do not apply for\u00a0federal trademark protection<\/a>.<\/p>\n

If you do not check your state\u2019s database of registered trademarks, you again run the chance of being found liable for willful infringement. After checking the database of your home state, you should then check the databases of any other states where you plan to operate.<\/p>\n

Putting Your Search Results Together<\/h2>\n

So, you\u2019ve finally finished your long search. If you are satisfied that the name you want to use is unique within your industry, then you should feel safe using it.<\/p>\n

However, if you have found evidence that there may be another business already using your business name or a very similar name<\/span>, you need to be careful. Depending on the circumstances, you may or may not be able to use the name you like.<\/p>\n

Times When You Cannot Use a Similar or Identical Name<\/h2>\n

The first rule you should always apply is that if the name you want is identical to, or is similar to, the name of a major player in your industry, stay away from it. Remember that the larger the player is, the more likely it is that they have the resources and the reasons to sue for trademark infringement.<\/p>\n

If\u00a0the name you have chosen is similar to, or the same as, a registered trademark (especially if it is a registered federal trademark), then you should also avoid it. A federal trademark gives the owner of the mark the right to use the trademarked name exclusively in every state in the country.<\/p>\n

When is it OK to Use a Similar or Identical Name?<\/h2>\n

There are a few situations in which it may be OK to use a name that is already in existence \u2014 just be sure that the name you are using is not famous! For example, if another company is already using the name that you want to use, but the other company sells a drastically different product than you plan on selling, you may be able to move forward with using your chosen name. In addition, geographic location can be a factor that can allow you to use an identical name. If the business that already has your name is far away and serves only a small population, it is safer for you to use the name.<\/p>\n

The key question that you must answer is, \u201cis it likely that a\u00a0customer would be confused\u00a0about the origins of the product or service if I used the same or a similar name<\/span>?\u201d For example, suppose that a business called \u201cX-Y-Z\u201d already exists and sells candy in Oregon. If you want to open a business called \u201cX-Y-Z\u201d that repaired computers, it would probably be pretty safe. If you wanted to open your business in Florida, it would be even safer.<\/p>\n

Registering Your Trademark<\/h2>\n

If you have found the name you want and have started using it, you may want to think about using federal or state laws to protect it. Although you are not required to\u00a0register a trademark\u00a0to \u201chave\u201d a trademark, it definitely gives you an advantage. That\u2019s because a registered trademark will help if you ever have to\u00a0enforce your trademark rights<\/a>\u00a0in court.<\/p>\n

Get Legal Help with Establishing Your Business Name<\/h2>\n

If you have questions about claiming a business name or about starting your new business, it\u2019s a good idea to contact a skilled\u00a0business attorney<\/a>\u00a0near you.<\/p>\n

Looking to\u00a0start your business with confidence<\/a>? Use our trusted partner, LegalZoom, to help with name availability<\/span> and business formation.<\/p><\/div>\n\n\n

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