How to Check Corporate Name Availability

Start With Your State's Free Entity Search

Every state's corporate filing office maintains a searchable database of registered business entities, and checking it is the first and easiest step before you file. California runs this search through bizfileOnline, its online business portal, while Texas offers its own entity search through the Secretary of State's SOSDirect system, and Delaware through the Division of Corporations' entity search. All three are free to use for a basic availability check.

Understand the Distinguishability Standard

A state doesn't just check whether your exact proposed name already exists; it checks whether the name is "distinguishable" from every other entity already on file. In practice, this means the state's reviewer looks past small differences, like spacing, punctuation, capitalization, or the presence of a generic designator word, when comparing your proposed name to existing ones. A name that differs from an existing registered corporation only by adding "The" at the front or swapping "Corp." for "Inc." will often still be rejected as not distinguishable, even though the search results might not make that obvious at a glance.

Searching in a State That Requires a Designator

If you're incorporating in a state that requires a designator word, like Delaware or Texas, search both with and without the designator, since the state's distinguishability check typically ignores designator words when comparing names anyway. Running your search both ways gives you a more realistic sense of whether your core name is actually available.

Searching in California

Because California doesn't require a designator for a general stock corporation, per California Corporations Code Section 202, a name search there should focus on the core name itself rather than assuming a designator will set your name apart from a similar existing one. Our guide to corporate naming rules by state covers this exception in more detail.

A Preliminary Search Isn't a Guarantee

Most states are explicit that an online or phone search only provides preliminary guidance, and the final determination happens when your filing office actually reviews your submitted document. The Texas Secretary of State's office, for example, states plainly that a preliminary name clearance does not authorize use of a name and that a final determination can't be made until the document is received and processed. Don't make binding commitments, like signing a lease or printing signage, based solely on a preliminary name search.

Check Trademarks Separately

A state's corporate name database and the federal trademark system are entirely separate records maintained by different agencies for different purposes. A name can be completely available to incorporate with and still infringe on someone else's registered trademark, which creates legal exposure that has nothing to do with whether your state accepted your Articles of Incorporation. Search the U.S. Patent and Trademark Office's trademark database before you commit significantly to a name, and consider a trademark attorney's review if the name is central to your brand.

Other Things a State Name Search Won't Tell You

Beyond trademarks, a state entity search won't tell you whether a matching domain name is available, whether the name is already in use as an unregistered business name or DBA in another state, or whether a similar name is used by a well-known company outside your state (which can still create confusion or legal risk even without a formal trademark). A thorough name check typically also includes a domain availability check and a general web search for existing businesses using the name.

If Your Name Isn't Available

If your state's search shows your preferred name is taken or too similar to an existing one, your options are generally to adjust the name enough to be clearly distinguishable, choose a different name entirely, or, in some states, negotiate written consent from the existing entity holder to use a similar name (where the state's rules allow that option). Check your specific state's process for handling a name conflict before assuming you need to start over completely.

Search Early, Before You Commit to Branding

Check name availability before you design a logo, build a website, or print business cards, since discovering a conflict after those investments are made is far more costly than finding out at the research stage.

Don't Skip the Trademark Search to Save Time

It's tempting to treat a clear state name search as the finish line, but trademark conflicts are a common and expensive surprise for businesses that skip the separate USPTO search. This is especially worth doing if you plan to operate under the name in multiple states or sell nationally online.

Reserve the Name Once You've Confirmed It's Available

If you're not ready to file your articles of incorporation immediately but want to lock in a name you've confirmed is available, most states let you file a name reservation for a fee and a limited time window. See our guide on how to reserve a corporate name for how that process works.

This Is Not Legal Advice

Whether a specific name is distinguishable enough to pass your state's review, or clear enough of trademark risk to use safely, can require legal judgment in a close call. Talk to a business attorney if your proposed name is similar to an existing business's name in any respect.