Before you file an LLC, print business cards, or launch a website, you need to know whether the name you want is actually free to use. This guide walks through every check you need — in the right order — so you can move from idea to registration with confidence.
Most founders make the mistake of checking one place and calling it done. The reality: a name can be "available" in your state's business registry and still conflict with a federal trademark, an existing domain owner, a social media brand, or an unregistered business with common law rights. You need a complete picture before you spend money on registration.
If the .com is taken and the owner wants $15,000, you'll need to rename anyway. Checking domain availability first costs you nothing and tells you immediately whether a name is financially viable to use.
Check Domain Availability
Your domain is your online identity. If the .com is taken — or the holder wants a price you won't pay — your brand is already compromised before you launch. Run this check first, before anything else.
Go to any major registrar and search your proposed name. Key registrars:
- Cloudflare Registrar — competitive pricing, simple interface
- Namecheap — wide TLD selection, good deals on expiring domains
- Google Domains — clean interface, bundled with other Google services
- GoDaddy — largest inventory, but often pushes expensive upsells
What to check, in order of priority:
- .com — default for most businesses; worth paying a fair market price for if available
- .co — strong fallback for tech and startup brands
- .io — popular with SaaS, developer tools, and venture-backed companies
- .net / .org — acceptable fallbacks if .com is taken; .net is diminishing in value
- Your specific country TLD — .us, .co.uk, .ca if you primarily operate in that market
Avoid choosing a name just because the .com is cheap. If your best available TLD is something obscure (.xyz, .online, .tech with no brand equity), that's a signal the name isn't established. The ideal domain is a .com or .co — anything else is a compromise you'll pay for in brand trust.
Bulk Domain Checking
If you're testing multiple name options, use Instant Domain Search (instantdomainsearch.com) — it updates results as you type so you can run through 20 names in minutes. Namechk.com also checks domains across multiple registrars simultaneously.
Search the USPTO Trademark Database
A USPTO trademark gives the holder national brand protection — it's more powerful than a state registration. Even if you're starting small, a federal trademark conflict in your industry can end your ability to use the name.
Go to the USPTO's Trademark Electronic Search System (TESS) at tmsearch.uspto.gov. Use the following process:
- Select "Word and/or Design Mark Search (Structured)"
- Choose the "Basic Word Mark" search option
- Enter your proposed name without spaces (e.g., type "ACME" not "Acme")
- Review results — filter by your relevant Nice Classification (products/services class)
- Search variations: singular/plural, common misspellings, phonetic equivalents
What to Look For in TESS Results
Focus on three things: (1) exact name matches in your industry class — these are high risk; (2) similar names in your class — moderate risk requiring legal judgment; (3) identical names in unrelated classes — low risk but still worth noting. A trademark attorney's written opinion costs $200–$500 and gives you defensible certainty before you file.
Search variations too. Businesses often register "Acme" and "AcmeApp" separately. If you're planning to use "Acme," search "AcmeApp," "AcmeCo," and phonetic equivalents ("Acsme," "Akme"). Trademark infringement is based on likelihood of consumer confusion — not exact matching.
Search State Business Registries
Every state maintains an online database of registered business entities. Check the Secretary of State (SOS) database in every state where you plan to operate — not just your home state.
If you're building a national business, the minimum states to check are your home state, California, New York, Texas, and Delaware (VC-backed companies typically reincorporate in Delaware, so a conflict there creates a post-funding problem).
California Secretary of State
Search by entity name. California is the world's 5th largest economy — a conflict here is a serious brand problem if you're in tech, consumer products, or media. Business Entity Search tool at businesssearch.sos.ca.gov.
New York Department of State
Division of Corporations entity search. New York dominates finance, media, real estate, and fashion — if you're in any of those spaces, a NY conflict is a high-stakes problem.
Texas Secretary of State
SOS Direct entity search. Texas has no state income tax and is the most popular LLC formation state after Delaware. High filing volume means more name collisions.
Delaware Division of Corporations
Check Delaware even if you haven't incorporated there yet. If you're raising VC money, you'll likely reincorporate in Delaware — a conflict there is a post-funding renaming crisis. If you are already Delaware-incorporated or planning to be, this is your most important check.
For any state not listed above, search "Secretary of State [State Name] business entity search" — most have the tool. If you have a home state with low risk of conflict, check it last but do check it.
What "substantially similar" means: Most states reject names that are "deceptively similar" to existing registrations — same words in different order, adding LLC/Inc, or common abbreviations. If "Acme Digital LLC" is registered, "Acme Digital Inc." will likely be rejected in the same state. Search exact matches and close variations.
Check Social Media Handles
Your brand needs a consistent presence across platforms. If @YourBrand is taken on Instagram, Twitter, and LinkedIn, you either need to negotiate with the account holder, use a modifier ("TheYourBrand"), or rename. None of those are good options.
The fastest check: go to each platform and try to create an account with your proposed username. The signup form shows immediately if it's taken. Or use a bulk checker:
- Namechk.com — checks 50+ platforms simultaneously
- Brandname.grader.com — similar coverage with a brand score
- Knowem.com — social, domain, and trademark checking combined
Platforms to check, in priority order:
- Instagram — essential for consumer, lifestyle, food, and most B2C brands
- Twitter/X — critical for tech, startups, B2B, and media brands
- LinkedIn — important for B2B, professional services, and enterprise-facing brands
- Facebook — still 3 billion MAU; brand presence matters for local and consumer businesses
- TikTok — essential for brands targeting Gen Z and younger demographics
- YouTube — important if video content is part of your strategy
- Pinterest — critical for e-commerce, home, fashion, and food brands
- Threads / BlueSky / Mastodon — emerging platforms worth a quick check
Google Search and Common Law Rights
This is the check most founders skip, and it causes the most expensive problems. A business can use a name in commerce without registering it anywhere — and still have legal rights to that name in their geographic area. These are called common law trademark rights.
Do the following searches in Google, Bing, and DuckDuckGo:
- "YourProposedName" (exact phrase in quotes) — any existing business using the name
- YourProposedName + [your industry] — direct competitors with the same name
- YourProposedName LLC — find official LLC filings in search results
- YourProposedName + "trademark" — any trademark litigation history
- YourProposedName + "lawsuit" or "cease and desist" — legal conflict history
Also check:
- Yelp — local businesses often appear here without a formal web presence
- Industry directories — trade-specific directories for your category
- Trade publications — industry press coverage of companies in your space
A bakery called "Acme Breads" in Austin, Texas has no claim on "Acme" in New York. If you're only operating in one region and the common law user is elsewhere in an unrelated industry, the risk is lower. Document your findings either way — if you get a cease and desist later, you can show you did due diligence.
The Right Order to Run These Checks
Not all checks are equal — run the fastest, cheapest signals first so you abandon bad names before spending time on deeper research:
Complete Availability Checklist
Run through every item before you register. Each takes under 10 minutes.
Before You File Anything
Legal and Registry Checks
Skip the Manual Checks
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Frequently Asked Questions
Where do I check if a business name is taken?
Check four places: (1) your state's Secretary of State business registry for entity conflicts, (2) the USPTO TESS database for federal trademark conflicts, (3) a domain registrar for web address availability, and (4) social media platforms for handle conflicts. A Google search also catches unregistered common law users who have rights to the name in their geography.
Is a business name search free?
Yes — every name availability check is free. State SOS searches are free, USPTO TESS is free, domain registrars show availability instantly at no charge, and social media checks take seconds on each platform. The only paid step is hiring a trademark attorney for a formal clearance opinion if you want legal certainty before filing.
What's the first check to do for a new business name?
Domain availability — it's the fastest signal and the cheapest to fix. If your preferred .com is taken and the owner wants $20,000, you'll either need to negotiate, choose a different TLD, or pick a new name. Running the domain check first saves you from falling in love with a name that has an unaffordable domain problem.
Can I just use a name if it's not registered with the state?
No. State registration is one layer of availability — but an unregistered business may have common law trademark rights if they're actively using the name in commerce. Someone operating as a sole proprietorship in your target market could still send a cease and desist even without a state filing. Do the full set of checks, not just the state registry.
How do I search for a trademarked business name?
Go to the USPTO's Trademark Electronic Search System (TESS) at tmsearch.uspto.gov. Use the "Word and/or Design Mark Search (Structured)" option, select "Basic Word Mark" search, and enter your proposed name. TESS returns all marks containing your search term. Filter results by "Goods/Services" class to find conflicts in your industry. Search variations — singular/plural forms, common misspellings, phonetic equivalents — to catch all risks.