What should I consider when choosing a business name?

Some factors to consider when choosing a business name include: Not selecting one that’s already registered with the Secretary of State. Following any applicable guidelines provided by the Secretary of State. Avoiding names that are trademarked, either at the state or federal level. Selecting a name that's unique and not too similar to your competitors. Having a name that most people can pronounce and spell. Using a name that aligns with your brand. Consider a trademark if you believe it will offer additional benefits and protections.

How do I check if a business name is taken?

You can check if your business name is taken by: Conducting a simple online search to see if the name is already being used. Typing in the domain name of your desired business name. Using the business name search tool or database at the applicable Secretary of State to determine if someone else already registered the name. Checking your state’s patent office or the United States Patent and Trademark Office for any existing trademarks.

Do I need to trademark my business name?

No, you don’t have to trademark your business name. However, your business brand can be a valuable asset, and in some cases, it may make sense to trademark your company's name. Registering a trademark may make sense if: You intend to operate in multiple states. You have a unique company name. If you’re concerned about others stealing or using the name in an unauthorized manner. Registering a trademark can be costly and time-consuming, especially if you’re consulting a trademark attorney to ensure it’s done correctly. Weigh the pros and cons of your decision before taking any action.

How to register a business name in 3 steps

Sarah Li Cain

BLUEPRINT

Updated 9:32 a.m. UTC Jan. 5, 2024

Editorial Note: Blueprint may earn a commission from affiliate partner links featured here on our site. This commission does not influence our editors' opinions or evaluations. Please view our full advertiser disclosure policy.

Registering a business name is one of the first steps to establishing your new business entity. Having the same name as another business in the state you’re operating in is usually prohibited if you’re registering it with the Secretary of State.

In most cases, sole proprietors won’t need to register their name, but any business owner wishing to open a limited liability company (LLC) or corporation will. Though specific steps may vary depending on location, the following three steps are how you will generally register a business name.

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1. Brainstorm business name ideas

The more ideas you have, the better chance you can find a business name you like. A longer list of ideas is also helpful so that you have backup choices in case the name you want is already taken. If you’re stuck for ideas, consider incorporating items such as part of your name, industry or even the product or service you sell.

You may be able to look at existing business names as inspiration. However, you don’t want to make it too similar, or it could be harder for your name to stand out.

2. Check business name availability

Before registering your business, you want to take the time to make sure the business name isn’t taken. You can start by doing an online search. Then, you can search specific business databases.

Is the name available in your state?

Checking with your Secretary of State is an important step because your application could be denied if you try to register a name that is already in use.

States may have different requirements as to what constitutes a unique name — for example, West Virginia offers suggestions, like having at least a one-word difference between business names. Your Secretary of State should have a business name search tool to see if the name you want is available.

Are there existing trademarks on the name?

Using a name that is already trademarked is not allowed, so checking to see if it hasn’t been trademarked is key. Your state may have a trademark office where applicants have sought trademark protection — consider starting your search there. Otherwise, do a search through the United States Patent and Trademark Office’s database, where some businesses may have federally trademarked their name.

Are domain names available?

Having a website that is the same as your business name can help potential customers find you online more easily and can help with branding purposes. Plus, you don’t have to risk having a domain name spelled awkwardly, making it harder for customers to type it in.

Looking for a domain name you want can be as simple as typing it into your web browser to see what you find. Or, look on different name registration websites to check if your desired domain name is available. If so, consider purchasing it so nobody else can. If the domain name is taken, consider a variation of your desired business name.

3. Register your business name

You can register your business name by registering a new business entity, a doing business as (DBA) and as a trademark. If you have an existing business, you can also change the name.

Registering a new business entity

Forming a new business entity, such as a limited liability company, corporation or partnership, will require you to register with your Secretary of State. You will need to file articles of incorporation or articles of organization — it typically depends on your state and the type of business entity you want to register.

If you’re not ready to file your incorporation papers just yet, some states let you reserve a business name for a certain period. That way, you can ensure nobody else can take your business name during that time. For example, you can reserve a business name in Colorado for up to 120 days. Name reservations will typically require a fee.

Other requirements for registering a new business entity include naming a registered agent, a representative who can receive official and legal documents on behalf of the business. Filing fees vary, so check with your Secretary of State before proceeding.

Changing the name of an existing business

In most cases, you can file a certificate of correction to fix any typos or minor errors in an existing business name. For more significant name changes, you will need to put an agreement in writing that all members of your business agree to the new name. Once you have that, then you may need to update company documents, such as your business’ operating agreement.

You will need to update your new business name with the Secretary of State — in most cases, you will file articles of amendment along with paying a fee. Then, you’ll need to notify relevant state and other government agencies (like the IRS) to update your information.

Registering a DBA

A “doing business as” (DBA) is a legal alias for your business. You can use this name publicly, but it doesn’t offer a separate legal entity. To register a name as a DBA, you will need to ensure the name isn’t already being used and file the appropriate form.

The name of the form may be different depending on your state. For example, in Florida, you file a Fictitious Name Registration form and in New York, you file a Certificate of Assumed Name. Some states may have different forms depending on your business entity, so check to make sure you’re filing the correct one.

Registering a trademark

You can trademark your business name through the Secretary of State if you only want to protect the name at the state level. If you want to federally trademark the name, you will need to submit an application to the United States Patent and Trademark Office (USPTO).

To file a trademark at the state level, your Secretary of State will offer more specific instructions. For example, in South Carolina, you will file an Application for Registration of a Trademark or Service Mark.

Filing with the USPTO may be more cumbersome, as there are windows of time when you can submit new applications and the amount of information that’s required. Waiting times to process your application could take months.

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Frequently asked questions (FAQs)

You may not need to register a business name depending on your business entity. Sole proprietors who intend on using their own name typically don’t. However, if you want to use a DBA or fictitious name, then you will need to register your name with the Secretary of State.

Other business entities, such as LLCs, partnerships and corporations, are required to register their business name.

No, you can’t register a business name for free. Most states impose a filing fee when registering your business name, whether it’s for a new entity, a DBA, or changing your existing business name.

Filing fees will differ depending on how you’re registering your business name and the state in which you’re filing a form.

Some factors to consider when choosing a business name include:

Not selecting one that’s already registered with the Secretary of State.
Following any applicable guidelines provided by the Secretary of State.
Avoiding names that are trademarked, either at the state or federal level.
Selecting a name that’s unique and not too similar to your competitors.
Having a name that most people can pronounce and spell.
Using a name that aligns with your brand.
Consider a trademark if you believe it will offer additional benefits and protections.

You can check if your business name is taken by:

Conducting a simple online search to see if the name is already being used.
Typing in the domain name of your desired business name.
Using the business name search tool or database at the applicable Secretary of State to determine if someone else already registered the name.
Checking your state’s patent office or the United States Patent and Trademark Office for any existing trademarks.

No, you don’t have to trademark your business name. However, your business brand can be a valuable asset, and in some cases, it may make sense to trademark your company’s name.

Registering a trademark may make sense if:

You intend to operate in multiple states.
You have a unique company name.
If you’re concerned about others stealing or using the name in an unauthorized manner.

Registering a trademark can be costly and time-consuming, especially if you’re consulting a trademark attorney to ensure it’s done correctly. Weigh the pros and cons of your decision before taking any action.

Blueprint is an independent publisher and comparison service, not an investment advisor. The information provided is for educational purposes only and we encourage you to seek personalized advice from qualified professionals regarding specific financial decisions. Past performance is not indicative of future results.

Blueprint has an advertiser disclosure policy. The opinions, analyses, reviews or recommendations expressed in this article are those of the Blueprint editorial staff alone. Blueprint adheres to strict editorial integrity standards. The information is accurate as of the publish date, but always check the provider’s website for the most current information.

Sarah Li Cain

BLUEPRINT

Sarah Li Cain is a finance and small business writer currently based in Jacksonville, Florida whose articles have been published with outlets such as Fortune, CNBC Select, the Financial Planning Association and Zillow.

Bryce Colburn

BLUEPRINT

Bryce Colburn is a USA TODAY Blueprint small business editor with a history of helping startups and small firms nationwide grow their business. He has worked as a freelance writer, digital marketing professional and business-to-business (B2B) editor at U.S. News and World Report, gaining a strong understanding of the challenges businesses face. Bryce is enthusiastic about helping businesses make the best decisions for their company and specializes in reviewing business software and services. His expertise includes topics such as credit card processing companies, payroll software, company formation services and virtual private networks (VPNs).