Handbook / Business structure

How to do a business name search before you register a name

Choosing a name is exciting, but falling in love with one before checking it can be expensive. If another business already has rights to a similar name, you might have to rebrand after printing cards, building a website and gaining customers. A thorough name search takes an afternoon and can save a lot of trouble.

Why one search is not enough

The SBA explains that there are four different ways to register a business name, and that each is legally independent:

• Entity name: protects your name at state level, for LLCs and corporations.
• Trademark: protects at federal level.
• Doing business as (DBA): may be legally required but does not give legal protection.
• Domain name: protects your website address.

Because they are independent, a name can be free in one place and taken in another. You need to check each one.

Step 1: shortlist names

Create a shortlist of three to five names. Distinctive names are easier to protect and less likely to conflict than descriptive ones, such as "Best Cleaning Services". Say each name aloud, check it is easy to spell, and think about whether it will still fit if your business grows.

Step 2: search your state's entity database

Your state's business filing office, often the secretary of state, has a searchable database of registered LLCs, corporations and other entities. The SBA says most states do not allow you to register a name that is already registered by someone else, and some states require entity names to reflect the type of business. Search for your exact name and close variations. If you plan to form an LLC, see how to form an LLC.

Step 3: search DBA records

Sole proprietors and businesses using a name other than their legal name often register a DBA with a county or state. Search these records where they are available. See DBA name.

Step 4: search trademarks

The USPTO's trademark search system covers federal trademark applications and registrations. Search your name and similar spellings, especially for businesses in the same or related industries. The SBA explains that a trademark prevents others in the same or similar industry in the United States from using the trademarked name.

The USPTO also notes that its search database does not include businesses that have common-law rights based on use but no federal registration. It encourages searching the internet, state trademark databases and business name databases as well.

Step 5: search the internet and social media

Search the name in search engines, map listings, marketplaces and social networks. Look for businesses using the name, or something similar, in your industry or area, even if they have not registered it. An unregistered business may still have rights based on use in its area.

Step 6: check domains and handles

Check whether a suitable domain and social media handles are available. The SBA notes that once you register a domain, no one else can use it while you own it, and that your domain does not need to be the same as your legal business name, trademark or DBA. Small changes, such as adding your city or service, can work.

How to judge what you find

• an identical name in your industry is a strong sign to choose another
• a similar name in a related industry can still cause confusion
• the same name in an unrelated industry may be less of a problem, but be cautious
• if you are unsure, a trademark attorney can do a professional clearance search

Register and protect

Once you choose a name:

• register your entity name or DBA as required
• register your domain and handles
• consider whether a trademark is worth filing; see trademark a business name
• keep records of when you first used the name

Avoid trademark scams

The USPTO warns that scammers exploit publicly available information, often pretend to be from the USPTO, claim there is a problem with an application, pressure people to act immediately and ask for fees or personal details. It says these notices can arrive before you apply, after you file or after registration. Check that any trademark correspondence really comes from the USPTO before paying anything.

Shortlist distinctive names, search your state's entity and DBA records, the USPTO and state trademark databases, the internet and social media, and domains, judge similar names carefully, then register what you need and keep records.