To name a business, pick a name that satisfies your state’s naming rules, confirm it’s not already taken in state records or the federal trademark database, and file it with your formation documents (or, if you’ll operate under a different name than your legal entity, file a fictitious name registration). If you’ll do business across state lines or online, a federal trademark is worth adding on top. The specific forms and fees depend on your entity type and state, but the sequence is the same everywhere.
What State Law Requires of a Business Name
Your name has to be distinguishable from every other entity already on file with your secretary of state. The standard comes from the Model Business Corporation Act, which most states have adopted: a name cannot be identical or deceptively similar to an existing registered business in the same jurisdiction. Submit something too close to a name that’s already there and the filing office will reject the paperwork.
The name also has to include an entity designator. Corporations need a word like “Corporation,” “Incorporated,” or an abbreviation such as “Corp.” or “Inc.” LLCs need “Limited Liability Company” or “LLC.” These aren’t decorative. Using “LLC” when you haven’t formed one, or “Inc.” without incorporating, can expose you to liability for misrepresenting your business structure.
Some words trigger extra scrutiny because they imply government affiliation or involvement in regulated industries. “Bank,” “Trust,” “Insurance,” and “University” typically require approval from a specific regulatory board or proof of proper licensing before the state accepts the name. Several states also reject names containing obscene or deceptive language. If your proposed name includes a restricted word, expect to submit additional documentation or written consent from the relevant agency before the filing moves forward.
Check Availability Before You File
Run your proposed name through the databases where conflicts are most likely to show up. Every secretary of state maintains an online business search tool where you can check whether the name is already used by an active or recently dissolved entity. The search is free and takes a few minutes. Skipping it is one of the fastest ways to waste a filing fee.
State databases only show conflicts within that state. For a broader picture, search the USPTO’s Trademark Search system, which replaced the older TESS in late 2023.1United States Patent and Trademark Office. Retiring TESS – What to Know About the New Trademark Search System This checks whether the name conflicts with a federally registered trademark. A name can be perfectly available at the state level and still infringe on someone’s trademark, which leads to a costly rebrand later. While you’re at it, check whether the matching domain is available. Operating under a name when a competitor owns the obvious .com creates confusion and complicates any future trademark dispute.
File the Name With Your State
The form depends on your entity type. LLCs file Articles of Organization. Corporations file Articles of Incorporation. Both are available on your state’s secretary of state website. The proposed name appears on these forms exactly as you want it recorded on government records, including the required entity designator.
Most states offer online filing portals where you upload documents, enter your information, and pay the fee in one session. Fees vary significantly by state and entity type, ranging from as low as $25 for a nonprofit to several hundred dollars for a standard LLC or corporation. Some states charge extra for expedited processing. Mailed paper applications are still accepted in most places but take longer.
Online filings are often processed within a few business days; mailed applications can take several weeks. Once approved, you’ll receive an official certificate or a stamped copy of your formation documents. Keep it. You’ll need it to open a business bank account, apply for licenses, and handle the dozens of administrative steps that require proof your entity legally exists.
Reserving a Name Before You’re Ready to File
If you’ve found an available name but aren’t ready to file formation documents, most states let you reserve it for a limited period. The typical reservation lasts 120 days, though this varies. Fees generally fall in the $10 to $40 range. Reserving locks the name so no one else can register it while you finalize an operating agreement, secure funding, or handle other pre-launch work.
A reservation is not the same as formation. It holds your place in line. If you don’t file your Articles of Organization or Incorporation before the reservation expires, the name goes back into the pool. Most states allow one renewal if you file a new application shortly before expiration.
When You Need a DBA
If you plan to operate under a name different from your legal entity name or your own personal name, you need a fictitious name registration, commonly called a “Doing Business As” or DBA filing. A sole proprietor named Jane Smith who wants to operate as “Smith Design Studio” needs a DBA. So does an LLC formed as “Smith Holdings LLC” that wants to do business as “Smith Design Studio.”
DBA requirements vary widely. Some states process the filing through the secretary of state; others handle it at the county level. Fees typically run from about $10 to $100, and several states also require you to publish a notice of the fictitious name in a local newspaper, which adds a separate cost that varies by location. The publication requirement catches many new business owners off guard, so check your state’s rules before budgeting. Failing to register a required DBA can prevent you from enforcing contracts made under that name in court, and may carry additional penalties depending on the jurisdiction.
Federal Trademark Registration for Nationwide Protection
State registration gives you the right to use your business name within that state. Federal trademark registration protects it nationwide. If you’ll operate across state lines or sell online, federal protection is worth serious consideration. Without it, another business in a different state could legally adopt the same name and compete directly with you.
You apply through the USPTO, using either the Trademark Center portal or TEAS forms on the USPTO website.2United States Patent and Trademark Office. Apply Online The base application fee is $350 per class of goods or services as of January 2025, when the USPTO consolidated its former TEAS Plus and TEAS Standard options into a single fee.3United States Patent and Trademark Office. Summary of 2025 Trademark Fee Changes The fee is non-refundable even if your application is denied. You’ll also need an electronic signature and a verified USPTO.gov account.
After filing, your application is assigned to an examining attorney who reviews it for conflicts with existing trademarks and compliance with federal law. If the examiner raises no objections, the proposed mark is published in the Trademark Official Gazette, which comes out every Tuesday.4United States Patent and Trademark Office. Trademark Official Gazette Publication starts a 30-day window during which anyone who believes the mark would harm them can file a formal opposition.5United States Patent and Trademark Office. U.S. Trademark Law – Federal Statutes If no one objects, the process moves toward final registration. As of early 2026, the average time from initial filing to registration or abandonment is about 10.2 months.6United States Patent and Trademark Office. Trademark Processing Wait Times
When you apply, you’ll pick a filing basis. If you’re already using the name in commerce, you file under Section 1(a) and submit a specimen proving active use, such as a product label, website screenshot, or advertisement, along with the date of first use.7Office of the Law Revision Counsel. 15 U.S. Code 1051 – Application for Registration; Verification If you haven’t started using the name but have a genuine plan to, you can file an intent-to-use application under Section 1(b).8United States Patent and Trademark Office. Trademark Applications – Intent-to-Use (ITU) Basis Intent-to-use requires extra paperwork later (a Statement of Use with specimens and an additional per-class fee) before the registration actually issues, so budget for those steps if you go that route.
What You Get Without Federal Registration
Even without a federal registration, you acquire some trademark rights just by using your business name in commerce. These common-law rights arise automatically through actual use and let you stop others from using a confusingly similar name. The catch is that common-law protection is limited to the geographic area where you actually operate. A bakery in Portland with no federal registration can probably stop a copycat across town but has no leverage against someone using the name in Miami.
Federal registration upgrades this to nationwide scope, creates a legal presumption that you own the mark, and gives you access to federal court for enforcement. For a purely local business with no plans to expand, common-law rights may be enough. For anyone selling online or planning to grow beyond a single metro area, federal registration is the stronger position.
Update Your Tax and Regulatory Records
Once the name is in place, you don’t need a new Employer Identification Number. The IRS is clear that a name change alone does not require a new EIN, regardless of whether you’re a sole proprietor, LLC, partnership, or corporation.9Internal Revenue Service. When to Get a New EIN You do need to notify the IRS of the new name. For most entity types, you report the change on your next annual tax return. Corporations and partnerships can also send a letter to the IRS or check the name change box on the applicable form.
Beyond the IRS, update the name with your state’s department of revenue, any licensing agencies that issued permits under the old name, and your bank. Inconsistencies between your registered name and the name on tax filings or bank accounts slow down everything from loan applications to vendor onboarding. Handling the updates in one concentrated pass after your filing is approved saves you months of piecemeal corrections.