You have a name. Now the question is whether anyone else already has it. Checking name availability is free — the real cost is not doing it and discovering a conflict after you've built brand equity, printed business cards, and launched a website. This guide covers every free method to check business name availability before you register.
Availability isn't one check — it's six. A name can clear your state's business registry and still conflict with a federal trademark, an existing domain holder, a social media brand, or a business that uses it without registering it. You need all six checks before you commit.
Generate Names That Clear These Checks
NamingKit's naming systems produce names with built-in availability — designed to pass trademark, domain, and social media checks.
Try Startup Name Generator →1. Secretary of State Business Entity Search
Every US state maintains an online database of registered business entities — LLCs, corporations, partnerships, and sole proprietors who have filed. Before you file anything, check the database in every state where you plan to operate.
How to do it: Go to the Secretary of State website for each state. Most have a "Business Search" or "Entity Search" tool. Enter your proposed name exactly as you plan to use it. Also search for close variations — "Acme Digital" might not show up but "Acme Technologies" could be registered.
Key State Databases
California Secretary of State
Search by entity name, registered agent, or filing number. California is the 5th largest economy in the world — checking CA is non-negotiable if you're in tech, entertainment, or consumer products.
New York Department of State
Search the Division of Corporations records. New York is a major market for finance, media, real estate, and fashion brands — a conflict here is a serious problem.
Texas Secretary of State
Use the SOS Direct system for entity name searches. Texas has no state income tax and is a preferred state for LLC formation — high filing volume means more name collisions.
Delaware Division of Corporations
Delaware is the default state for VC-backed startups. Even if you're not yet incorporated there, you need to check Delaware — most investors will ask you to reincorporate in DE at some point. If a conflict exists there, you'll face a re-naming problem post-funding.
For states where you don't have direct knowledge of the search tool, the National Association of Secretaries of State (nass.org) links to every state's business entity database. Most searches take 2–5 minutes per state.
What to Look For
You're not just checking for an exact match. Look for names that are "substantially similar" — same words in different order, common abbreviations, adding "LLC" or "Inc" doesn't distinguish you legally. If "Acme Digital LLC" exists and you plan to register "Acme Digital Inc.", most states will reject your filing. Some states are stricter than others about similarity thresholds — Delaware and California are more permissive with LLC name approvals than New York, for example.
2. USPTO Trademark Search (TESS)
The US Patent and Trademark Office's Trademark Electronic Search System (TESS) at tmsearch.uspto.gov is your federal-level name check. A Secretary of State search only catches registered businesses — TESS catches businesses that have filed a federal trademark, which is a different and often more consequential conflict.
How to do it: Go to TESS at tmsearch.uspto.gov and select "Word and/or Design Mark Search (Structured)". Use the "Basic Word Mark" search option. Enter your proposed name. TESS returns all trademarks that contain or match your search term — look at the "Goods/Services" column to see what class the existing mark covers. A conflict in a similar industry is more dangerous than a conflict in an unrelated one.
Search variations: Search your exact name, phonetic equivalents ("Acsme" vs "Acme"), common misspellings, and plural/singular forms. Businesses often register the singular and plural separately — check both.
Pro tip: The USPTO's Trademark ID Manual (idman.uspto.gov) lets you search for specific products and services to understand what class a conflict falls in. A name match in Class 41 (education) is less relevant to a software company in Class 9 — but a conflict in your exact class is a serious problem. For a full trademark clearance review before filing, budget $200–$500 for a trademark attorney's written opinion.
3. Domain Name Availability Check
Your domain is your online address — if the .com is taken, you'll either pay a premium to buy it (often $1,000–$50,000+ from a domain broker) or lose customers who can't find you. The .com is the default; if it's taken, check .co, .io, .net, and your specific TLD.
How to do it: Go to any major registrar — Namecheap, GoDaddy, Cloudflare Registrar, or Google Domains — and search your name. Registrars show availability instantly. If the .com is taken, they usually suggest alternatives (who.is, namechk.com, or domcop.com) to find the best available option.
What to check:
- .com — your first choice, worth paying a premium for if it's available and not infringing
- .co — second best for tech/startups, often available when .com is taken
- .io — strong in developer/SaaS communities, also often available
- Your specific country TLD — .us, .uk, .ca if you primarily operate in those markets
Avoid: .net is mostly a legacy domain and carries confusion risk. .app and .dev require HTTPS by default (browser requirement) which adds minor setup overhead. Don't choose a name where the best available TLD is something unusual — it signals the brand isn't established.
4. Social Media Handle Check
Your brand needs to be consistent across platforms. If you're "Acme" on Instagram but "AcmeHQ" on Twitter, you split your search presence and create brand confusion. The goal is to secure the same username across all major platforms before you launch.
How to do it: The fastest method is to use a multi-platform checker like namechk.com or brandname.grader.com — enter your name once, see availability across 50+ platforms simultaneously. Or go directly to each platform and try to create an account with your desired username — they show "username taken" immediately on the signup form.
Platforms to Check (in order of priority)
- Instagram — critical for consumer brands, food, fashion, lifestyle, and most B2C
- Twitter/X — critical for tech, startup, and B2B brands
- LinkedIn — important for B2B, professional services, and enterprise-focused brands
- Facebook — still has 3 billion monthly active users, brand presence matters
- TikTok — essential for consumer brands targeting younger demographics
- YouTube — important if you're planning video content
- Pinterest — critical for e-commerce, home, fashion, food brands
- Threads / BlueSky / Mastodon — emerging platforms worth a quick check
If your exact name is taken on a key platform, your options are: (1) add a modifier like "AcmeOfficial" or "GetAcme", (2) buy the username from the account holder if it's inactive, or (3) choose a different brand name. Don't bank on the inactive account being freed — it rarely is.
5. Google Search (and Beyond)
A Google search for your proposed name takes 30 seconds and catches conflicts that no database will show you. Unregistered businesses use names in commerce without filing anything — common law rights give them protection in their geographic area, and they won't show up in Secretary of State or USPTO searches.
How to do it: Search your proposed name in quotes ("Acme"), search it without quotes (Acme), search "Acme + [your industry]", and search "Acme LLC". Look at the top results: Are there established businesses with the same name? A company in your space using your exact name? A similar name in a tangential industry?
Also search: The exact name + "trademark", the exact name + "lawsuit", and the name + "cease and desist" in Google. If someone has been involved in trademark litigation using your proposed name, this will surface.
Bing and DuckDuckGo are worth checking as well — Google's results can be slightly personalized and may not show the full picture. A broader search surface catches more.
6. Common Law Trademark Rights — The Invisible Check
This is the check most founders skip, and it's the one that causes the most expensive problems. Common law trademark rights arise automatically when someone uses a name in commerce — they don't need to register it anywhere. The business could be a local bakery in Austin or a two-person consultancy that never filed a trademark or LLC. They're still protected in the areas where they operate.
Common law rights are geographic. A bakery called "Acme Breads" in Austin, Texas has no claim on the name "Acme" in New York — but if you plan to operate nationally or in Texas, you have a problem. Courts evaluate common law infringement based on the likelihood of confusion in the marketplace, accounting for geographic overlap and relatedness of goods/services.
How to Find Common Law Conflicts
- Google search — the primary tool (covered above)
- Yelp and industry directories — search your industry and name in local business directories
- Industry publications and trade shows — search your category + name in trade press
- Social media search — Instagram, Twitter, Facebook search for the name in your category
- Ask around — if you have contacts in the industry, ask if the name is spoken for
If you find a common law user, the question is whether your target markets overlap. A common law user in an unrelated geography and industry is a lower risk than one in your exact market. Document your findings either way — if you proceed and get a cease and desist later, you can demonstrate you did due diligence.
Find a Name That Passes All 6 Checks
NamingKit generates names with built-in availability. Every name is checked against common patterns before generation — designed to clear trademark, domain, and social media checks.
Try Company Name Generator →Free. No account required. Unlimited generations.
5 Mistakes to Avoid When Checking Name Availability
1. Only checking one state
You check California, find nothing, and file there. Meanwhile, Texas has an LLC with the same name. If you expand to Texas, you can't operate under your registered name there without a name conflict. Check every state where you'll do business — at minimum your home state, California, New York, Texas, and Delaware.
2. Ignoring USPTO trademark search
State registration and federal trademark are completely separate. You can register "Acme LLC" in your state and still be sued by "Acme Inc." if they have a USPTO trademark in your industry. The trademark gives them national brand protection; your state LLC doesn't. Always run the TESS search before you file anything.
3. Not checking domains before finalizing the name
You fall in love with a name, check state availability, file the LLC, and then discover the .com is owned by someone who wants $15,000 for it. By then you have legal costs sunk into the name. Check domains first — ideally before you do any formal filing. A $15 domain vs. a $15,000 domain purchase is worth 5 minutes of research.
4. Assuming "not registered" means "available"
The Secretary of State doesn't catch unregistered common law users. Google doesn't catch every shadow business. "Not in TESS" doesn't mean "no conflict." Build a comprehensive check that covers databases AND search, and treat common law conflicts as seriously as registered ones when they overlap your market.
5. Not checking social media before committing
You file the LLC, launch the website, and then discover your exact brand name is taken on every major social platform. You're forced to use a variation that splits your brand — "AcmeCo" on Instagram and "Acme" on Twitter creates SEO confusion and brand dilution. Check social handles before you file, not after.
The Complete Name Availability Checklist
Run through every one of these before you register. Each check is free and takes under 10 minutes.
Availability Checks
Frequently Asked Questions
Can I just check one state's Secretary of State database?
No. Each state maintains its own business entity registry — California has no visibility into Texas filings, and vice versa. If you plan to operate in multiple states, you need to check every state where you'll do business. If you operate in a state without registering there, you can still be found liable for doing business without authorization. Most startups default to checking: (1) the state where they're incorporated, (2) California, New York, and Texas as the largest markets, and (3) Delaware if they're raising VC money or planning an exit.
Does checking a domain name availability mean the business name is legally available?
No. Domain availability and legal name availability are completely separate things. Someone can own the .com for "Acme" without having registered it as a business entity or trademark. You might get the domain but still face LLC naming conflicts, cease and desist letters from an existing business, or USPTO trademark opposition. Check domain first as a quick signal, then verify state registration and federal trademark before committing to the name.
What's the difference between a federal trademark search and common law rights?
A USPTO trademark search finds federally registered marks on the public record — but it doesn't catch businesses that have common law rights from actual use without registration. Common law trademark rights arise automatically when someone uses a name in commerce in a geographic area. That business may not appear in any database, but they can still send you a cease and desist and sue for infringement in their region. The only way to catch common law rights is Google searches, industry research, and asking around your target market.
How do I check if a social media handle is available?
The fastest way is to go directly to the platform and try to create an account with your desired username — most platforms give an immediate "username taken" message on the signup form. You can also use Namechk.com or brandname.grader.com to simultaneously check availability across 50+ platforms in one search. Key platforms to check: Instagram, Twitter/X, Facebook, LinkedIn, TikTok, YouTube, and Pinterest. A mismatched brand presence is difficult to fix later.
Can I use a name that's similar to an existing business as long as it's not identical?
Generally no. Trademark infringement is based on "likelihood of confusion" — not exact matching. If a reasonable consumer could be confused about the source or affiliation of the two businesses, you may be infringing. Courts look at similarity of names, similarity of goods/services, strength of the existing mark, evidence of actual confusion, and channels of trade. If the existing business operates in the same industry with a similar name, even a slightly modified version can trigger a lawsuit.