Your business name shows up everywhere: on your formation documents, your bank account, your invoices, your website, and every search result about you. It also has to get past a state filing office before it's officially yours. Picking one is part creativity, part paperwork.
Here's how to handle both.
What makes a good business name
Before you check any databases, make sure the name works for the people who will actually use it.
- Easy to say and spell. If you have to spell it out over the phone every time, customers will struggle to find you online.
- Room to grow. "Austin Dog Walking" is clear today but tight if you move or add pet sitting. Avoid tying the name too closely to one city, product, or service unless that's the whole plan.
- Distinct from competitors. A name close to a well-known business in your industry confuses customers and invites legal trouble.
- Works as a domain and handle. You don't need the exact .com, but a reasonable domain and matching social handles help.
- Passes the out-loud test. Say it to a few people who don't know your idea and ask what they think you do.
Brainstorm a short list of three to five candidates. Names get rejected or turn out to be taken, and a backup saves time.
Your state's business naming rules
Every state sets rules for what an LLC or corporation can be called. The details differ, but most follow the same basic pattern.
It must be distinguishable from existing names
Your name generally has to be different from the names of businesses already on file with the state's business filing office, which is usually the Secretary of State. States differ on how strict that test is. In many, small changes like adding "The," changing punctuation, or swapping "LLC" for "Inc." aren't enough to make a name distinguishable.
It must include the right designator
LLC names typically must include "Limited Liability Company" or an accepted abbreviation such as "LLC" or "L.L.C." Corporations typically need a word like "Corporation," "Incorporated," "Company," or "Limited," or an abbreviation such as "Corp." or "Inc." Each state publishes its own accepted list.
It can't mislead people about what you are
States generally won't accept an LLC name that suggests it's a corporation, or a name that implies a connection to a government agency.
Some words need approval or are off limits
Words like "Bank," "Insurance," "Trust," and "University" are often restricted. Some states require approval from another agency, or proof of a license, before you can use them. The same can apply to names that suggest a licensed profession, like "Engineering" or "Law."
Because these rules vary, check the requirements for your state in our state guides before you settle on a name.
How to check if a business name is available
Step 1: Search your state's business database
Most Secretary of State websites offer a free business entity search. Search your exact name, then try variations: without the designator, singular and plural, with and without spaces, and common misspellings. If something close comes up, your name may be rejected even though it isn't an exact match.
Keep in mind that the search only tells you what's on file today. The state's examiner makes the final call when your formation documents are reviewed, so a name isn't officially approved until your filing is accepted.
Step 2: Search federal trademarks
Clearing your state's database doesn't mean you can safely use the name. A business in another state, or one that never formed an entity at all, may have trademark rights to it. Use the U.S. Patent and Trademark Office's free online trademark search to look for registered and pending marks that are the same or confusingly similar, especially in your industry.
Step 3: Search the open web
Trademark rights can come from using a name in business, even without registration. Search the name on Google, app stores, marketplaces where you'd sell, and social platforms. If a business in your industry is already using it, think hard before you go ahead.
Step 4: Check domains and social handles
Look up domain availability and the handles you'd want on the platforms your customers use. If everything is taken, consider a small tweak before you file, not after.
For a name you plan to build a brand around, a trademark attorney can run a more thorough clearance search.
Can two businesses have the same name?
Yes, in some cases. States register business names independently, so an "Oak Street Design LLC" can exist in Ohio while a different one exists in Oregon. That's one reason state availability and trademark rights are separate questions.
It also matters when you expand. If you register your LLC to do business in another state, a process called foreign qualification, the name has to be available there too. If it isn't, you may need to operate under an alternate name in that state.
Reserving a business name before you file
Many states let you reserve a business name for a limited period for a fee. Reservation is useful if you've chosen a name but aren't ready to file, for example while you finalize details with a partner or line up funding.
If you're ready to form the business now, a reservation is usually unnecessary. Filing your formation documents claims the name once the state accepts them.
Reservation periods, fees, and whether you can renew all vary by state.
Your legal name vs. a trade name
Your LLC's legal name is the one on your formation documents, designator included, like "Bright Path Consulting LLC." If you want to operate under a different name, such as a shorter brand name or a second product line, you'll generally need to register it as a DBA, also called an assumed name or fictitious business name depending on the state.
A DBA doesn't create a new entity, and it doesn't give you exclusive rights to the name. Our guide to what a DBA is and when you need one covers the details.
Business name mistakes to avoid
- Ordering signs and a logo before the name is approved. Wait until the state accepts your filing.
- Assuming state approval equals trademark clearance. They're separate checks.
- Picking a name that's too clever. If customers can't guess what you do or how to spell it, you'll pay for it in marketing.
- Leaving off the designator where it belongs. Contracts, invoices, and bank accounts should use your full legal name, including "LLC" or "Inc."
- Searching only exact matches. Close variations are what usually trip up a filing.
Ready to file?
Once you've searched your state's database, checked trademarks, and grabbed a domain, you're ready to form. You can file with your state yourself, or start an order with EZ Entity Setup. Every plan includes a 100% accuracy guarantee: if we make an error on a filing, we correct and refile it at no cost.
The short version
Pick a name that's easy to say, spell, and grow into, and keep a backup or two. Then check four places: your state's business database, the USPTO's trademark search, the open web, and domain and social handle availability.
Follow your state's rules on designators and restricted words, reserve the name if you aren't ready to file, and remember that the name isn't officially yours until the state accepts your formation documents.
This article is general information, not legal or tax advice. For decisions about your situation, talk to an attorney or a tax professional.