To check if a business name is available, search your state’s Secretary of State business entity database first, then run the same name through the federal trademark database, a general internet search for common-law use, your county’s fictitious name records, and a domain registrar. A name has to be clear on all of those fronts, not just one. Clearing only the state database is the mistake that forces founders to rename a business after the cards are printed and the LLC paperwork is filed.
Write Out Every Version of the Name First
Before opening a search tool, list every form of the name you might actually use. If the name is “Greenfield Consulting,” also write down “Greenfield Consulting LLC,” “Greenfield Consulting Inc.,” “Greenfield Consulting Group,” and short forms like “GFC.” Each business structure has to carry a specific designator: corporations need “Inc.” or “Corporation,” LLCs need “LLC” or “L.L.C.,” and licensed professional entities often need “P.C.” or “PLLC.”
You need every variation because most states require your name to be “distinguishable” from every other registered entity on file, and the bar is lower than people expect. Adding or dropping “The,” changing punctuation, or swapping “&” for “and” usually won’t make a name legally distinct. “The Smith Construction” won’t clear if “Smith Construction” is already registered. Build the list, include the designator for your entity type, and plan to search each version separately.
Words That Can Block You Before You Start
Some words trigger extra approvals or outright bans no matter how available the name looks. Check your state’s naming rules before you begin searching so you don’t burn time on a name you can’t use.
- Financial terms such as “Bank,” “Trust,” or “Insurance” typically need approval from your state banking or insurance regulator.
- Professional terms such as “Doctor,” “Engineer,” “Architect,” or “Attorney” often require proof of a licensed practice, and some states want the licensing board to sign off on the name.
- Educational terms such as “University,” “College,” “Academy,” or “School” may need state education department approval.
- “Olympic,” “Olympiad,” “Paralympic,” and “Pan-American” are federally protected and cannot be used in a business name without permission from the U.S. Olympic and Paralympic Committee. A narrow exception exists for businesses that used the term continuously before the statute took effect, but new businesses cannot adopt them.
Search Your State’s Business Entity Database
Every state runs a searchable database of registered entities, almost always through the Secretary of State. Basic searches are free in most states, and this is where to start.
Pay attention to the search filters. Most systems offer at least an “exact match” option and a “starts with” or “contains” option. Use the broader filter first. An exact-match search would miss “Greenfield Consulting Partners,” which could still block your “Greenfield Consulting LLC.”
Results carry a status label for each entity. The ones that matter:
- Active or In Good Standing: the name is taken. You need a different name or a distinguishable variation.
- Inactive: the entity is no longer operating, but some states hold inactive names for a statutory period before releasing them. Don’t assume it’s available.
- Dissolved or Cancelled: the entity has formally ended, and in most states you can use its name, though some impose a waiting period.
What the database won’t tell you is whether someone in another state, or someone operating without a formal entity, has rights to the name. That’s why the state search is step one, not the whole check.
Search the Federal Trademark Database
A name can be clear in your state and still infringe a federal trademark. A registration with the U.S. Patent and Trademark Office gives the owner priority to that name across the entire country for the goods or services listed in the registration.1U.S. Patent and Trademark Office. Trademark Act of 1946, as Amended (15 USC Chapter 22) – Section: 15 USC 1057 Adopting a name someone else has trademarked for a similar business can expose you to an infringement lawsuit no matter what state you’re in.
The USPTO retired its older TESS search tool in late 2023 and replaced it with a cloud-based system.2United States Patent and Trademark Office. Retiring TESS: What to Know About the New Trademark Search System You can reach the current tool through the USPTO’s trademark search page and search by word mark, owner name, or registration number.3United States Patent and Trademark Office. Search Our Trademark Database
Filter for “live” records when you review results. A live trademark is currently active and protected. A “dead” mark was abandoned, cancelled, or expired, though someone may still hold common-law rights to it. Focus on live marks covering goods or services similar to what you plan to offer. A live “Greenfield” registration on industrial cleaners probably won’t block a “Greenfield Consulting” accounting firm; a live “Greenfield” on financial services would.
Trademark infringement is expensive. Courts can award the trademark owner’s lost profits, your profits from the infringing use, and up to three times the actual damages found.4Office of the Law Revision Counsel. 15 USC 1117 – Recovery for Violation of Rights Skipping this search is where most founders underestimate their risk.
Search for Common-Law Trademark Use
Federal registration isn’t the only way to own a name. A business can establish trademark rights just by using a name in commerce, without ever registering it. These common-law rights won’t show up in any government database.
The USPTO itself recommends searching the internet as part of a full trademark clearance. At minimum, the agency advises checking the federal database and running multiple search engines for common-law use of your proposed name with goods or services related to yours.5United States Patent and Trademark Office. Comprehensive Clearance Search for Similar Trademarks
In practice, run the name through Google, Bing, and any industry directories in your field. Look for businesses actively selling under the name in a line of work similar to yours. A craft brewery in Oregon that has been selling beer under your proposed name for five years holds common-law rights in its region even without a federal filing, and those rights can limit where you operate or block a trademark application of your own down the road.
Check Local DBA and Fictitious Name Records
Sole proprietors and partnerships operating under a name that isn’t the owner’s legal name usually have to file a “doing business as” (DBA) or fictitious name statement with their county. These filings often don’t feed into the state’s central business entity database, so a clean Secretary of State result doesn’t guarantee the name is unused locally.
DBA records live at the county level, usually with the County Clerk or Recorder. Some counties offer online search; others require a phone call, email, or in-person visit. What you’ll find here are small local operations that never incorporated: the neighborhood bakery, a freelance consultant, a landscaping partnership.
This step has real teeth. In many states, a business that fails to properly file its fictitious name statement can’t bring lawsuits or enforce contracts in court until it complies. That cuts both ways. Adopting a name already claimed in a local DBA filing starts your business on unstable legal ground.
Check Domain and Social Handle Availability
A legally clear name isn’t worth much if every matching website domain is gone. Check domains early, not after filing your formation paperwork.
ICANN’s Registration Data Lookup tool tells you whether a domain is registered and shows basic information about the current registrant.6ICANN. Registration Data Lookup Tool As of January 2025, the tool runs on the Registration Data Access Protocol (RDAP), which replaced WHOIS.7ICANN. ICANN Update: Launching RDAP, Sunsetting WHOIS Any ICANN-accredited registrar (GoDaddy, Namecheap, and similar services) also lets you check availability across .com, .org, .net, and other extensions in one search.
Check the social platforms that matter to your business too. An exact-match handle on Instagram, LinkedIn, or Facebook isn’t a legal requirement, but if another business is already using the name as its handle, customers searching for you will land on them.
Reserve the Name Once It Clears
Once the name passes every layer, move quickly. Someone else can file it tomorrow. Most states let you formally reserve a business name for a set window, commonly 60 to 120 days, by filing a reservation request with the Secretary of State. That holds the name while you prepare your articles of incorporation or organization. Reservation fees are modest, typically $10 to $30 depending on state and entity type.
Some states let you renew a reservation once or twice, but there’s a hard outer limit. When the maximum period ends, the name returns to the pool.
If the Name You Want Is Taken
You have a few options if a conflict turns up. You can modify the name enough to make it legally distinguishable, keeping in mind that adding “The” or changing punctuation usually won’t count. You can contact the existing entity and ask for written consent, which some states will accept as a basis for approval. Or you can register under a different legal name and file a DBA for the name you want to use for branding, as long as nobody holds trademark rights to it. Each route has tradeoffs, and any of them beats finding out about the conflict after you’ve paid for signage.