# How to check if a business name is available

Source: https://joinopenfile.com/guides/check-business-name-availability
Index: https://joinopenfile.com/llms.txt

To check if a business name is available, search your state's business records, then the USPTO trademark database, then domain names. The state search tells you whether you can register the name. The trademark search tells you whether using it could lead to a legal dispute.

Updated November 1, 2026

## Step 1: Search your state

Start with [the official business search for your state](https://joinopenfile.com/business-search). An LLC or corporation name has to be distinguishable from others on file. Delaware says it must be distinguishable on the state's records. California says the same and adds that it can't be likely to mislead the public.

Treat the result as a first look. California calls its search preliminary, and names get reviewed again at filing. California also checks a name only against entities of the same type, so an LLC and a corporation could hold very similar names.

## Step 2: Search trademarks

A state approval says nothing about trademarks. California's Secretary of State says plainly that names aren't checked against trademark registrations. You can get an LLC approved and still hear from a brand that registered first.

Search federal records with [our trademark search](https://joinopenfile.com/trademark-search), and look for similar names as well as exact ones. The USPTO says marks don't have to be identical to conflict. Sound, look, meaning and overall impression all count, and so does whether the goods or services are related. A similar name in an unrelated industry may be fine, while the same name in your industry may not.

## Step 3: Look for unregistered use

Someone can have rights in a name without filing anything. The USPTO says you become a trademark owner when you start using a mark, with rights limited to the area where you do business. A web search, a map search and a look through social media can turn these up. If a business near you has used the name for years, pick another.

## Step 4: Check the domain

The SBA notes that once someone registers a domain, nobody else can use it for as long as they keep it. Your domain doesn't have to match your legal name. If the exact name is taken, a short variation can work. Buying a domain doesn't give you rights in the name, so run the trademark check first.

## Hold the name if you aren't ready

Many states let you reserve a name before you file. California holds one for 60 days. Delaware holds one for 120 days and lets you renew. Nevada charges $25. A reservation only covers that state's records. For a brand you plan to build, look at [how to trademark a name](https://joinopenfile.com/guides/how-to-trademark-a-name).

## Words that can get a name refused

An LLC name needs a required ending such as LLC. Some words need approval or are limited. Delaware restricts the word bank, for example. Texas makes you affirm that the name doesn't falsely imply a link to a government agency. If your name touches a regulated field, ask your state before you print anything.

## Questions

If a name is available in my state, can I use it everywhere?

Not safely. State approval covers only that state's business records. Another business could hold a trademark or local rights elsewhere.

Does registering an LLC give me rights to the name?

It generally stops others from registering the same name in that state, with exceptions. The SBA says protection at the national level comes from a trademark.

Can two businesses have the same name?

Yes, in different states, and sometimes in one state under different entity types. Whether that's safe depends on trademark rights.

What if the name I want is taken?

Pick another name. Adding a word may get you past the state's check, but it may not clear a trademark conflict. You can also register a different legal name and trade under a DBA, if the DBA name is free of conflicts.

Is a DBA search the same as a state business search?

Not always. California files fictitious business names with counties, and its Secretary of State doesn't check them. Look at the county too.

[Start my business](https://joinopenfile.com/start)

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## Sources

- [SBA: Choose your business name](https://www.sba.gov/business-guide/launch-your-business/choose-your-business-name)
- [California Secretary of State: Name availability](https://www.sos.ca.gov/business-programs/business-entities/name-availability)
- [Delaware LLC Act, sections 18-102 and 18-103](https://delcode.delaware.gov/title6/c018/sc01/index.html)
- [USPTO: Likelihood of confusion](https://www.uspto.gov/trademarks/search/likelihood-confusion)
- [USPTO: What is a trademark?](https://www.uspto.gov/trademarks/basics/what-trademark)

## Keep reading

- [How to trademark a name](https://joinopenfile.com/guides/how-to-trademark-a-name)
- [What does doing business as (DBA) mean?](https://joinopenfile.com/guides/what-is-a-dba)
- [How to start an LLC](https://joinopenfile.com/guides/how-to-start-an-llc)