How to check if a business name is taken: five free searches, in order, in about twenty minutes
- No single search tells you a name is "available". Five do, together: state registry → USPTO trademark → domain and handles → Google and Maps → county DBA.
- "Available as an LLC name" and "available as a trademark" are different questions with different databases. A name can pass one and fail the other.
- A trademark conflict is about similar names in related goods or services, not identical names. "Blue Fern Coffee" and "Blu Fern Café" are a conflict.
- Do the searches for your top three candidates, not just the favorite. Names fail more often than founders expect.
"Is this name taken?" has no single answer in the US, because there is no single register. An LLC name is taken state by state; a trademark is taken nationally by class of goods; a domain is taken globally; a Google listing is taken city by city. The good news is that all five checks are free and take about twenty minutes. Here they are, in the order that saves the most time.
Search 1. Your state's business-entity registry (2 minutes)
Every state runs a searchable database of registered LLCs, corporations and partnerships, usually on the Secretary of State website ("[state] business entity search"). Search the distinctive part of your name without the designator: "Kindling" rather than "Kindling Coffee LLC".
What it tells you: whether you can register an entity with that name in that state. Most states require the name to be "distinguishable" from existing ones; "Kindling Coffee LLC" and "Kindling Coffee Co." are usually not distinguishable, while "Kindling Roasters LLC" usually is.
What it does not tell you: anything about other states, trademarks, or businesses operating under a DBA without an entity.
Search 2. The USPTO trademark search (10 minutes)
The United States Patent and Trademark Office runs a free search at uspto.gov (the tool has been called TESS and, since 2023, simply Trademark Search). Search the exact name, then each distinctive word alone, then phonetic variants ("Kindling", "Kindle", "Kindeling"). Look at the goods and services listed for each hit and note the class.
What it tells you: whether a similar mark is registered or pending for related goods or services. A conflict is not only an identical name; it is a name a customer might confuse with yours in the same field. "Blue Fern Coffee" versus a registered "Blu Fern Café" is a problem. "Blue Fern Plumbing" is probably not.
What it does not tell you: common-law rights. A business that has used a name for years without registering still has rights in its area. That is what Searches 4 and 5 are for.
Search 3. The domain and the social handles (3 minutes)
Check the exact .com at any registrar, and the exact handle on Instagram and whichever platforms matter for your trade. For a local shop the .com is nice; the Instagram handle and the Google listing are essential. For a software company the .com is essential.
What it tells you: whether the name is usable online as-is. What it does not tell you: anything legal. A parked domain is not a trademark, and an available domain is not a clearance.
Search 4. Google and Google Maps (3 minutes)
Search the exact phrase in quotes, then the phrase plus your city and your trade, then open Maps and search the name near you. You are looking for any business, registered or not, that a customer could confuse with yours.
What it tells you: the common-law landscape: who is actually using the name, where. A same-name business in your metro area is a reason to move on even if every other search is clear, because reviews and listings will get mixed up.
Search 5. County or state DBA records (2 minutes)
Sole proprietors and entities trading under another name file a DBA ("doing business as", also called a fictitious or assumed name) with the county clerk or the state, depending on where you are. Many counties have an online search; some require a call.
What it tells you: whether someone nearby is trading under the name without an entity. It fills the gap the state registry leaves.
When the name is partly taken
| What you found | What it means | What to do |
|---|---|---|
| Identical LLC in your state | You cannot register that entity name there. | Change a word, or register a different entity name and use yours as a DBA (only if the trademark search is clear). |
| Similar registered trademark, same field | Real legal risk nationwide. | Move on. A suffix ("Co.", "Studio") does not fix a trademark conflict. |
| Similar registered trademark, unrelated field | Usually fine, unless the mark is famous. | Proceed with care; a famous mark (Apple, Nike) is protected across fields. |
| Same name on Maps in another state, no trademark | They have common-law rights there; you may have them where you are. | Proceed locally; consider registering your own trademark first. |
| Same name on Maps in your city | Customers will confuse you. | Move on, whatever the databases say. |
| .com taken, everything else clear | An inconvenience for a shop; a problem for a software company. | Shops: use .co or a longer domain. Software: consider a different name. |
When to call a trademark attorney
The five searches are enough for a local business with a distinctive name and a clear result. Call an attorney (a clearance search and opinion typically costs $500–$1,500) if you found a similar mark in a related field and want to proceed anyway, if you plan to operate in several states or sell online nationally, or if the name is worth protecting with a federal registration from day one. A registration application costs from $350 per class at the USPTO and takes months; the attorney's fee is usually a few hundred dollars on top.
Frequently asked questions
Is there one website that checks everything?
No. Commercial services bundle a state search, a USPTO search and a domain check, but they are running the same five searches and charging for it. The five searches above are free and take about twenty minutes.
If the LLC name is available, can I use it?
Not necessarily. The state registry only checks entities in that state. A registered trademark in your field, or a same-name business in your city, can still stop you. Do all five searches.
Does an available domain mean the name is free?
No. Domains are first-come and say nothing about trademarks or registries. Treat the domain as a convenience check, not a clearance.
How different does my name have to be from a registered trademark?
Different enough that a customer would not confuse the two in the same field. Spelling changes ("Blu" for "Blue"), suffixes ("Co.") and added trade words rarely make a name different enough. A different distinctive word does.
Does SmartName check availability?
No. SmartName generates names and the case for each. Run these five searches on your top three candidates before you decide.
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