On this page
Key takeaways
- Start with the state business registry. It's the only search that can get your LLC filing rejected.
- Then search the USPTO trademark database, because a trademark owner can force you to rename later.
- If the name is clear but you're not ready to file, most states will reserve it for 60 to 180 days for $10 to $75.
What actually blocks a name
People run one search, see nothing, and assume they’re clear. Then the state rejects the filing, or a letter from a trademark lawyer shows up two years later. The trouble comes from treating four different searches as one.
| Search | What it tells you | Can it stop you? |
|---|---|---|
| State business registry | Whether another company in that state has the same or a too-similar name | Yes. The state will reject your Articles. |
| USPTO trademark database | Whether someone has federal rights to the name for related goods or services | Not at filing, but later, yes. A trademark owner can force a rename. |
| Domain and social handles | Whether you can get the matching web address | No, but you’ll wish you’d checked. |
| Local DBA (assumed name) records | Whether a sole proprietor or partnership trades under the name nearby | Rarely, but it flags a local conflict. |
Do them in that order.
1. The state registry
Every state has a business entity search run by its secretary of state or a similar office. We keep a guide to each one, with the quirks of its search, in the state business search index.
How to search well:
- Search the distinctive word on its own, not the whole name. “Harbor” will turn up “Harbor Tools LLC”, “Harbour Tool Co.” and “The Harbor Tool Shop”, any of which an examiner might treat as a conflict.
- Leave off “LLC”, “Inc.”, “Company” and “The”.
- Try the obvious misspelling and the plural.
- Include inactive and dissolved companies if the search lets you. Some states keep a dissolved name off-limits for a while. Illinois holds an administratively dissolved LLC’s name for three years, and Ohio protects a “Hold” name for one year.
If the search returns nothing close, the name is probably available. “Probably”, because the final call is made when the state reviews your filing. New York goes further and says its database isn’t meant for checking availability at all. It sells a written availability answer for $5 a name. Texas will give you a preliminary answer by phone or email, but it isn’t final until your filing is processed.
2. The trademark database
The state search protects you from the state. It does nothing about federal trademarks, which cover the whole country.
Go to the USPTO’s trademark search and look for the name as a live registration or application. Then search the distinctive word on its own and scan for anything in a similar line of business. Trademark conflicts turn on “likelihood of confusion”: whether the names are similar and the goods or services are related. So “Harbor Tools” for hand tools is a problem next to “Harbour Tool” for hand tools, but probably not next to “Harbor” for a restaurant.
What a hit means:
- Live mark, same or related goods: pick another name. The registered owner is in the stronger position.
- Live mark, unrelated goods: usually fine, but read the description of goods and services.
- Dead or abandoned: the registration no longer blocks you, though the old owner may still be using the name.
You don’t have to register your own trademark to form the company. Many owners wait until the business has some traction. But searching before you commit costs nothing.
3. Domain and social handles
Check the .com. If an operating business in your field already has it, that’s a second sign the name is crowded, trademark or not. If it’s parked by someone asking a lot of money, decide now whether you’ll pay or pick a name you can own.
Check the handles you’ll actually use. You don’t need every platform, but a mismatch between the company name and its main handle is a small, permanent tax on all your marketing.
4. Local DBAs
Sole proprietors and partnerships often trade under a name without forming a company. They register it as a DBA, fictitious name or assumed name, with the county or the state depending on where they are. These names don’t usually block your state filing. But a local plumber who’s traded as “Harbor Tools” for fifteen years may have rights to the name in that area, and customers will mix you up.
Search the DBA records for the places you’ll operate. Our DBA search guide explains where each state keeps them.
Naming rules states enforce
Beyond being distinguishable, most states have a short list of rules:
- A required ending. An LLC’s name has to include “Limited Liability Company”, “LLC” or another ending the state accepts. Some states also ban corporate words: in Michigan, an LLC name can’t include “corporation”, “incorporated”, “corp.” or “inc.”
- Restricted words. Words like “bank” or “insurance” usually need approval from the regulator. New York, for one, has words that are banned outright, restricted, or need another agency’s consent.
- Nothing misleading. California, for example, won’t accept a name that’s likely to mislead the public.
The exact rules are in each state’s law. Our state guides cover the name check for each one.
Reserving a name
If the name is clear but you’re not ready to file, most states will hold it for you. Florida holds a name for 120 days for $25, and Michigan for 180 days for $25. Each of our state guides lists that state’s reservation rules. It’s a cheap option if a partner is still deciding or you’re waiting on a license.
If you’re ready to file, skip the reservation. Filing the Articles claims the name.
Once you have the name, the next step is the formation filing itself. The LLC formation guide covers the document, the fee and the timing for each state, and the cost by state table shows what you’ll pay.
Frequently asked questions
Is a business name search free?
Almost always. Most state registries are free to search (Texas is an exception, at $1 per search on SOSPortal), the USPTO trademark search is free, and domain lookups are free. You only pay if you reserve the name or file.
If the state shows the name is available, can anyone else use it?
The state only stops someone forming another company with a conflicting name in that state. It doesn't stop a company in another state, a federal trademark owner, or a sole proprietor trading under the name as a DBA. A clear state search is the minimum, not the finish line.
Do I need to add LLC to the name I search?
No. Leave the ending off. It usually isn't what makes one name different from another, so search the words that are.
How long can I reserve a name?
Most states will hold a name for a fee. Florida, for example, holds one for 120 days for $25, and Michigan for 180 days for $25. Each of our state guides lists that state's rules.
Sources
We take every fee, deadline and rule on this page from these pages and nowhere else. Rules change, so open the source before you pay anything.
- 1.USPTO: Trademark searchChecked November 8, 2026
- 2.USPTO: Search our trademark databaseChecked November 8, 2026
- 3.USPTO: Likelihood of confusionChecked November 8, 2026
- 4.New York Department of State: Reservation of name for LLCsChecked November 8, 2026
- 5.Texas Secretary of State: Name filings FAQsChecked November 8, 2026
- 6.Michigan LARA: Naming a limited liability companyChecked November 8, 2026
- 7.Florida Division of Corporations: FAQs (name reservation)Checked November 8, 2026
- 8.SBA: Choose your business nameChecked November 8, 2026
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