The name of your business is its first introduction to customers, investors, and prospective hires. It must be memorable and resonant, and quickly communicate who you are to the world. The right name is one that everyone can get excited about and one that isn't already taken by another company. To check whether a business name is taken, search your state's business entity database (usually available on the secretary of state's website). You should also check trademark databases such as the United States Patent and Trademark Office (USPTO) to avoid legal conflicts. A quick domain name search is also helpful if you plan to have an online presence.
Choosing the right name for your business is an important first step, and ensuring the name is available is just as important. Below is a guide on how to verify that your preferred name is legally usable and not already claimed by another business.
What's in this article?
- How to check if a business name is taken
- Why you need to check if a business name is available
- What to do if your desired business name is taken
- How Stripe Atlas can help
- FAQs about business name checks
How to check if a business name is taken
Once you begin selecting a name for your business, you'll quickly realise that there isn't a one-stop list of business names you can consult. To find businesses whose names might overlap with your chosen name, you'll want to look in a few different areas.
Search your state's business entity database
Search the official business entity database in the state where you plan to incorporate or register as a foreign entity. State filing offices (typically the secretary of state's office) will reject your business registration if your name is identical or "deceptively similar" to an existing registered entity in that jurisdiction.
Here are direct links to several states' business search databases:
Delaware
New York
Pennsylvania
Ohio
North Carolina
Michigan
Washington
Arizona
Search the USPTO trademark database
A state business registration doesn't give you federal trademark rights. To avoid infringing on existing registered marks, search the USPTO database. Here are the steps to conducting a USPTO search:
Search beyond exact matches: Run searches for your exact name, but also test phonetically identical words (e.g., Kwik vs. Quick), singular and plural variations, and alternative spellings or hyphenations.
Review trademark classes: Trademarks are registered under specific Nice Classification classes (e.g., Class 35 for advertising and business services, Class 42 for software and technology). An identical name might legally exist if it's registered in a completely unrelated, non-competing class.
Assess likelihood of confusion: Examine active registrations and pending applications to see if customers might confuse your goods or services with an existing trademark owner's offerings.
If you find partial matches in overlapping industries, plan to raise venture funding, or anticipate launching nationwide, consult a qualified intellectual property lawyer to conduct a complete clearance search before you commit to the brand.
Check domain name availability
Securing a matching web address is important for brand consistency, search engine visibility, and customer trust.
Priority of .com: The .com top-level domain (TLD) remains the global standard for customer credibility. Whenever possible, secure a .com that matches your name exactly.
Alternative TLDs: If you operate in technology, software-as-a-service (SaaS), or specialised sectors, modern TLDs such as .co, .io, .app, and .ai are widely accepted alternatives.
Here's what to do if your domain is taken:
Add a prefix or suffix: Append clear action verbs or operational words.
Negotiate a purchase: Look up the owner via ICANN's registration data lookup tool and attempt to broker an acquisition if the domain is parked or unused.
Adjust the brand name: If the primary .com is held by a direct competitor that operates in your market, consider altering your brand name to avoid customer confusion.
Search for unregistered and DBA names
A business might operate under a customer-facing trade name that differs from its legal corporate entity name. This is called a "doing business as" (DBA) name or fictitious business name.
State vs. county filings: While legal entity filings occur at the state level, DBAs are frequently registered at the county or municipal clerk level. Check local government records in the primary counties where you plan to operate.
Common-law trademark rights: Under US trademark law, rights are established by the first entity to use a trademark in commerce, regardless of whether they've formally registered with the USPTO or relevant secretary of state. Unregistered businesses that use a name in your geographic region or industry might still hold enforceable common-law rights against newer entrants.
Do a broader internet and industry search
Complement database and registry checks with a wider digital sweep to capture active, unregistered, or early-stage businesses that are using your desired name.
Google: Search for your business name along with your industry keywords, city, or product type. Look several pages deep for active storefronts or local service providers.
Yelp and Google Business Profile: It's important for bricks-and-mortar or localised businesses to identify customer-facing trade names that are currently operating in specific geographic markets.
LinkedIn: Search for company pages, active projects, and stealth teams. Use social media management platforms to check handle availability across major networks (e.g., X, Instagram, LinkedIn, YouTube).
Crunchbase: Look for early-stage startups and low-profile ventures that might've announced pre-seed funding or incubator placements but haven't yet indexed heavily in general web search results.
Trade directories and industry registers: Consult specialised vertical databases (e.g., food service registries, contractor licensing boards, software review platforms like G2 or Capterra) relevant to your market sector.
Why you need to check if a business name is available
There are legal and practical considerations to choosing a unique business name. Here’s why it’s important to check the availability of a business name before you make your decision:
State law requires it: Each state stipulates that a new business cannot choose a name that's identical to an entity that already exists, nor can the name be only marginally different. For example, if there's a business already registered in your state that uses the name "Big Al's Balloons", you can't register your new business as "Big Al's Balloon Supplies".
Risk of copyright infringement: Attempting to legally register or do business using a name that encroaches on someone else's copyright might lead to a potential lawsuit. You'll need to think about the financial and logistical cost of renaming your business. Consider the marketing costs associated with changing the name of your business. Business cards, domain names, brochures, signage, social media handles, and other collateral all have production and labour costs that could mean a steep loss if you have to stop using an already trademarked name.
Brand differentiation: A strong business name is one that people will come to readily associate with your business – and only your business. The perfect name for your business won't appear too similar to any other business name, especially in your market space.
What to do if your desired business name has been taken
There are three scenarios that could stall your use of a business name:
Another business entity in your state is already officially registered using that name or a name that's similar enough that your chosen name wouldn't get approved.
Someone else has trademarked the name. This could present an obstacle to using that name, even if the trademark holder isn't actively using it themselves.
While no entity is formally registered with the name, another business is currently doing business under it to a degree that would likely give them common-law rights to the name.
If any of the above scenarios are true, you have two options: pick another name or attempt to acquire rights to the name from the party that currently has a claim to it. If you choose the second option, you might contact the party directly, offer to buy them out of the name, and arrange an ownership transfer with the secretary of state's office in your state.
Alternatively, you could try to negotiate a licensing agreement that would allow you to use the name for your business, but the original owner would retain ownership. This might involve paying a fee or royalty to the owner for the use of the name. This option could be more complex and require legal assistance to ensure the agreement is properly drafted and executed.
Ultimately, it's important to consider your options carefully and consult a legal professional before you make any decisions regarding the use of a business name that's already in use by another party.
How Stripe Atlas can help
Stripe Atlas handles everything you need to legally launch your company – incorporation, Employer Identification Number (EIN), equity setup, and tax filings – so you can fundraise, open a bank account, and start accepting payments in as little as two business days, from anywhere in the world.
Join 100,000+ startups incorporated using Atlas, including startups backed by top investors like Y Combinator, a16z, and General Catalyst.
Get started in minutes with Atlas
The application takes under 10 minutes. You'll choose your company structure, confirm your name is available, add up to four cofounders, set your equity split and e-sign. Then, Atlas takes it from there, including notifying cofounders to sign their documents electronically.
Banking and payments before your EIN arrives
Atlas files your EIN application automatically after incorporation. You don't have to wait. Atlas enables pre-EIN payments and banking so you can start accepting payments and making transactions right away. US founders with a Social Security number are typically eligible for expedited IRS processing.
Automatic 83(b) tax election filing
Atlas files your 83(b) election for you – US and non-US founders alike – with USPS Certified Mail and tracking to reduce personal income taxes. You'll get a signed 83(b) election and proof of filing directly in the Stripe Dashboard, with certified mail confirmation.
World-class company legal documents
Atlas provides all the legal documents you need to start running your company – drafted by Cooley, one of the world's leading venture capital law firms – and stores them directly in the Stripe Dashboard. These documents are designed to help you fundraise immediately and ensure your company is legally protected, covering aspects like ownership structure, equity distribution, and tax compliance.
US$2,500 in Stripe credits, plus US$50K+ in partner discounts
Atlas startups get US$2,500 in Stripe product credits for their first year, plus US$50,000+ in discounts on essential tools – Mercury, AWS, Carta, Xero, Perplexity, and more. Delaware registered agent service is also included free for your first year.
Learn more about how Atlas can help you set up your new business quickly and easily or get started today.
FAQs about business name checks
The content in this article is for general information and education purposes only and should not be construed as legal or tax advice. Stripe does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information in the article. You should seek the advice of a competent lawyer or accountant licensed to practise in your jurisdiction for advice on your particular situation.