How to Choose a Business Name

The Four Places a Business Name Lives

The SBA breaks business name protection into four separate systems: your state's entity name registration, the USPTO's federal trademark registration, a local Doing Business As (DBA) filing, and your domain name. Each is checked and, where applicable, registered separately, so passing one check does not mean the name is clear everywhere else. The SBA's advice is to use the same name across all four when you can, but to check availability in each system on its own.

Step 1: Check Entity Name Availability With Your State

If you're forming an LLC or corporation, your state's Secretary of State (or equivalent agency) maintains a database of registered entity names and generally won't approve a name identical, or in some states confusingly similar, to one already on file. Each state sets its own rules about required suffixes, like "LLC" or "Inc.", and what counts as distinguishable from an existing name. Search your specific state's business entity database before filing your formation paperwork, since a rejected filing due to a name conflict can delay your formation.

Step 2: Search the Federal Trademark Database

Entity name approval from a state is not the same as trademark clearance. Before settling on a name, search the USPTO's official trademark database at tmsearch.uspto.gov to check whether another business has already registered, or applied to register, a conflicting trademark nationally. A trademark gives broader, nationwide protection against competitors using a confusingly similar name for related goods or services, which a state entity name registration does not provide on its own.

Step 3: Decide if You Need a DBA

If you plan to operate under a name different from your LLC's or corporation's legal name, or you're a sole proprietor not using your own legal name, most states or local jurisdictions require a Doing Business As (DBA) filing. A DBA itself offers no legal protection, meaning more than one business in the same state can register the identical DBA, so it should not be your only naming check if name exclusivity matters to you.

Step 4: Check Domain Name Availability

Your domain name does not have to match your legal business name, trademark, or DBA, which gives you flexibility if your ideal name is already registered as a domain. Still, checking early avoids building a brand around a name you can't also use as your website address, and matching the legal and domain names where possible makes the business easier for customers to find.

Step 5: Consider How the Name Reads and Sounds

Beyond the legal checks, think about whether the name is easy to spell, pronounce, and search for, and whether it signals what the business does or wants to be known for. A name that's distinctive, rather than a generic description of your industry, is also generally easier to clear through a trademark search and easier to protect later.

Step 6: Register in the Order That Matches Your Timeline

If you're not ready to file your formation paperwork yet, many states let you reserve an entity name for a set period, commonly around 120 days, for a modest fee. This holds the name with the state while you finish other steps, like lining up a registered agent, without risking another business taking it first.

A Cleared Name Today Isn't Guaranteed Forever

Trademark and entity name databases change as new businesses register, so a name that is available when you check could be taken by the time you file weeks or months later. Recheck availability close to when you actually plan to file or launch, not just when you first came up with the idea.

Operating in Multiple States Means Multiple Entity Name Checks

If your business will register as a foreign LLC or corporation in more than one state, confirm the entity name is available in each state separately, since approval in your home state doesn't guarantee it elsewhere. A name that's free in one state can already be taken in another.

A Generic or Descriptive Name Is Harder to Protect

The USPTO generally finds it harder to register a trademark for a name that merely describes the product or service, compared to a distinctive or suggestive name. If building a protectable brand matters to you, weigh that against the appeal of a name that clearly describes what you do.

This Is Not Legal Advice

Whether a specific name conflicts with an existing trademark, or whether your intended use would infringe on someone else's rights, is a fact-specific legal question. Talk to a trademark attorney if the name is central to your brand or if your search turns up anything that looks similar to what you want to use.

Don't Skip the Trademark Search to Save Time

It can be tempting to register an entity name and start using it immediately, but skipping the federal trademark search risks having to rebrand later if a conflict surfaces after you've already built signage, a website, and marketing around the name. The search is free and takes far less time than a rebrand.