Every new business starts with one important question: What Should We Call It? However, before you become too attached to your ideal brand, it is your responsibility to verify that your business name is available for legal use. This step can prevent expensive legal action, rebranding, confusing your audience about your business, and erosion of brand value, all of which could cripple your entrepreneurial ambitions and journey.

Every entrepreneur who has ever skipped or poorly executed this step has poorly branded and promoted their business, lost legal battles over name changes, or even settled for marketing blunders that cost them thousands of dollars. It does not matter if it is a new tech business in Silicon Valley or a local bakery in the corner of your small town; checking business name availability is a prerequisite for proper brand and reputation management.

Why You Must Check Business Name Availability Before Registration

The perils of not conducting a name availability search can be catastrophic for a new business. This is why this step needs to be done:

Legal Protection and Compliance: Failing to conduct a proper business name availability search can result in:

• A trademark infringement lawsuit can set you back thousands of dollars in legal expenses
• A cease and desist order that mandates an immediate name change
• Domain disputes and cybersquatting
• A registration rejection from the state can delay the launch of your business

Financial Implications: Financial risk does not end at legal expenses:

• Rebranding expenses from needing new logos, signs, and marketing materials
• Decreased SEO rankings, as well as traffic, due to a change of domain
• Old inventory from the old business name that is now rendered useless
• Potential damages that can be awarded to trademark holders

Brand Confusion and Market Position: Having a name that is very similar to other, already established, businesses brings forth:

• Customer confusion makes it harder for marketing to do its job
• Failure to construct an easily identifiable brand
• Loss of potential customers due to competitors
• Hardships in acquiring brand perception and trust

How to Check Business Name Availability: Step-by-Step Guide

Though the name of the game is legal name availability, the process is rather systematic. This process involves a variety of layers that need to be referenced, from state-level databases to federally registered trademark databases.

Your thorough assessment must encompass:

• Business entity searches in each state where you operate
• Reviews of the federal trademark database
• Verification of the availability of the domain name
• Searches for handles on major social media platforms
• The consideration of the specific industry, research on common law trademarks, and other relevant factors

Each of these components has distinct aims in confirming that the name you select does not infringe on other businesses or trademarks. This elaborate methodology offers the greatest safeguard to your investment in your brand.

Five Proven Methods to Check Business Name Availability

State Business Entity Databases

Certain documents contain records of companies that are registered as a business in every single state of the United States. These documents are free of charge and are part of the primary defensive strategy:

State Resource	What It Covers	Cost
Secretary of State Database	Corporations, LLCs, & Partnerships	$0
State Trademark Database	Trademarks registered in the state	$0
Professional Licensing Boards	People with certain licenses	$0

To access this database:

• Go to the Secretary of State website for your respective state
• Search for: “Business entity search” or “corporate database”
• Type in your proposed business name and other variations of your proposed business name
• Go through the results and look for exact and similar matches

Federal Trademark Search (USPTO)

Federal trademarks of certain businesses are cataloged in the United States Patent and Trademark Office (USPTO) database.

TESS Database Search Process:

• Go to the Trademark Electronic Search System (TESS) of the USPTO
• Make use of the basic and advanced search options to the best of your ability
• Look for exact businesses and sound-alike trademarks
• Go through industry-related trademarks
• Make sure to check trademarks that are still in the application process, as well as registered marks

Key Search Strategies:

• Make use of search with a wildcard and asterisk search options
• Look for trademarks that are in plural or incorrectly spelled
• Look carefully through the descriptions of services and goods
• Look for businesses in other related fields that may pose a potential issue

Domain Name Search

The first step in establishing your online presence is conducting certain domain searches.

Essential Domain Checks:

• The main business name with a .com extension
• Other related extensions such as .net, .org, and .biz
• Country-specific Domain(s), where applicable
• Common Variations and Misspellings

Domain Research Tools:

• GoDaddy, Namecheap, and other domain registrars
• WHOIS on related sites for domain ownership
• Premium Domain listing sites
• Bulk domain checkers for variant spellings

Social Media Handle Availability

To have a cohesive online presence, different platforms must have the same handles:

Priority Platforms to Search:

• Facebook (pages and usernames)
• Instagram handles
• Twitter/X usernames
• LinkedIn company pages
• YouTube channel names
• TikTok handles
• Industry-specific platforms

Social Media Search Tools:

• Namechk.com for bulk social media searches
• Individual platform search functions
• Other social media management tools
• Google searches for other, less formal, professional sites

Professional Business Name Search Services

To have unique and unregistered names, professional services provide a thorough analysis:

Benefits of the Services:

• Attorney-supervised searches
• Common law trademark investigations
• Searches in other countries
• Detailed availability reports
• Legal risk assessments

When to Use Professional Services:

• Investments in the brand are very valuable
• The network of trademarks is very complex
• Business expansion on a global scale
• Risk-averse entrepreneurs
• Products that need to come out to the public very quickly

Tips for Choosing a Unique and Available Business Name

For a name to be unique and pass the availability tests, strategic planning is needed:

Originality Strategies:

• Combine and merge unique words or create portmanteaus
• Use unique words that are easy to say
• Do not use simple and broadly defined words
• Use vague terms that allow the brand to diversify

Future-Proofing Your Decision:

• Ensure continuity of the name across various lines of products
• Ponder over the effect of expansion across other countries
• Avoid the use of catchy words that may become obsolete
• Check how the name is pronounced in other countries

Legal Considerations:

• Avoid using words that may require special licenses
• Avoid using words that may be construed as describing a government entity
• Within your industry, consider the different categories of a trademark
• Conduct an examination and search for trademarks that are registered under common law in your region

 What to Do If Your Business Name Is Already Taken

The fact that you cannot find your wanted name does not mean that you are out of choices:

Creative Modification Strategies:

• Add descriptive words such as the name of the town, industry, and/or type of service
• Think of different word orders or structures
• Use the name or initials of the owner
• Use acronyms or abbreviations

Alternative Approaches:

• Synonym and thesaurus investigations related to the name
• Think of words in other languages for additional marketing appeal
• Use creative spelling while maintaining clarity
• Use hyphenated words or words in combination

Negotiation Possibilities:

• Reach out to the people who currently own that name regarding the possibility of purchase
• Learn more about how to license trademarks for a certain territory
• If there is no competition, consider geographic limitations
• Look for registrations that are thought to be not in use for a long time and may be abandoned

Registering and Protecting Your Business Name

Once you complete your confirmation for availability, it becomes necessary to complete several tasks:

Filing with the State

State Registration Process:

• Decide on a form of ownership for your business (LLC, Corporation, or Partnership)
• Fill in the Articles of Incorporation or Organization
• Make the required payments for filing, which can cost about $50 to $500
• Receive official confirmation and certificate

Registering a Trademark

Trademark Protection Benefits:

• Nationwide exclusive use rights
• Legal presumption of ownership
• Enhanced protection against infringement
• Ability to use the ® symbol

Trademark Application Steps:

1. Conduct final comprehensive search
2. Determine appropriate trademark classes
3. Apply with the USPTO
4. Respond to any office actions
5. Receive the registration certificate

Securing Your Domain and Social Handles

Digital Asset Protection:

• Register the primary domain immediately after name confirmation
• Secure common variations and misspellings
• Claim social media handles across all relevant platforms
• Consider domain privacy protection services

Special Note for U.S. Entrepreneurs: Checking State and Federal Databases

American entrepreneurs have to deal with both state and federal systems when they check business name availability:

State-Level Requirements: Each state maintains independent databases, so multi-state businesses need comprehensive searches across all operating jurisdictions. States like Delaware, Nevada, and Wyoming are popular incorporation destinations with specific search procedures.

Federal Considerations:

• USPTO trademark database covers nationwide rights
• SEC databases for public companies
• Industry-specific federal registrations
• International treaties affecting trademark rights

Best Practices for U.S. Searches:

• Begin from the initial state where you are opening the business
• Expand to all states where the business will operate
• Include Washington, D.C., and territories if relevant
• Consider common law rights in major metropolitan areas

Conclusion

Considering the hassles you may have to go through, paying for comprehensive trademark searches actually turns out to be one of the best and most well-placed investments done early on in the business to uphold the name. Not only does a business name availability verification process save legal costs, but it also serves as the backbone for further business expansion and brand enhancement.

Avoid letting enthusiasm guide you through all the important steps. Investing a few hours to check business name availability may save you thousands of dollars, a lot of sleepless nights, and endless headaches. Remember, your business name is more than just a legal requirement; it’s the cornerstone of your brand identity and market presence. Only when you understand the importance of a name and associated brand are you fit to run a successful business.

Frequently Asked Questions About Checking Business Name Availability

Is checking a business name free?

Yes, you can check the name for free in state databases, along with the USPTO’s TESS system. However, professional name searches can cost $300 to $1,500 based on the scope and complexity.

Do I need to trademark my name?

Not necessary; however, a trademark gives more protection than simply state registration. If you are looking for national-level expansion, consider trademarking to protect your investment.

What if another company uses my name in a different state?

Most registrations for business are state-specific; however, federal registration of a trademark, along with common law rights, can protect a business across the country. In case of name disputes with other states, it is advisable to seek legal counsel.

Can I reserve a business name before registering my business?

Most states allow name reservation for a set period of 30 to 120 days, costing $10 to $50. This protection allows you to secure the name while other formation needs are fulfilled.