How to claim a business name and check availability

How to check if a business name is taken

Run these checks in order. The first three are free, and doing them before any state filing is how you secure a business name without paying twice. The same steps work as a business name availability search for a corporation or an LLC name availability check.

1. Search the state registry for the exact name and for variations without punctuation, plurals and "and" versus "&". Each state guide includes a name check that suggests variations.
2. Search the USPTO trademark database. A state can accept a name that infringes a federal trademark; the state filing does not protect you from that claim.
3. Check the domain and social handles you would need, before you pay any state fee.
4. Reserve or file. If you need time, reserve the name. If you are ready, file the Articles of Organization directly, which claims the name at the same time.
5. Name a registered agent with a street address in the state.
6. Get an EIN from the IRS for free after the state accepts the filing.
7. Register a DBA if you will trade under a name different from the legal one.

Finding available LLC names

States reject names that are not distinguishable from a name already on file, and "distinguishable" usually ignores endings like LLC or Inc., punctuation, articles such as "the", and plurals. So "Blue River Supply" and "The Blue River Supplies, LLC" are often treated as the same name. A business name checker that only matches exact text will call the second one available when the state will not. Searching the distinctive words alone shows you what the state will compare against.

How to reserve a business name

A reservation holds a name for a set number of days while you prepare the formation filing. It is filed with the same office that runs the state business search, and the fee and hold period differ by state.

Name reservation fees and lengths by state

Florida does not offer name reservations. Alabama requires one before most formations.

Can you buy a business name someone else holds?

Only by agreement. If an active company holds the name in your state, the usual route is to ask the owner to change or release it, often in writing as a consent filing, which some states accept. If the holder was dissolved, the name may become available again, in some states only after a waiting period. Buying a domain does not give you the state name, and a state name does not give you the domain.

Why accepted names still get challenged

States check whether a name is distinguishable on their own records. They do not check trademarks, other states, or county DBAs. A business with an earlier trademark can still require you to stop using a name the state approved. That is why the USPTO search sits second in the list, and why a matching dissolved entity should be treated with care. If you will trade under a brand, register it as a DBA, and if you will operate in a second state, plan for a foreign registration there.