Your business’s name is its first introduction to customers, investors, and prospective hires. It must be memorable, resonant, and quickly communicate who you are to the world. The right name is one that everyone can get excited about—and one that is not already taken by another company. To check if 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 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 making sure the name is available is just as important. In this guide, we’ll explain 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 can help
  

How to check if a business name is taken

Once you begin the process of selecting a name for your business, you’ll quickly realize that there’s not a single comprehensive list of business names that you can consult. The task of finding businesses whose names might overlap with your chosen name requires you to look in a few different areas:

1. Check state and federal business registrations and trademarks databases

In the United States you can search a number of large databases to see if any other entity has an existing claim to a business name you’re considering:

• United States Patent and Trademark Office (USPTO)
  
• Trademark Electronic Search System (TESS)
  
• Domain Name Registration Data Lookup (ICANN)
  
• Office of the Secretary of State (check the state where your business is located)
  

If your business is based outside the US, refer to your country’s official business registry. Most countries maintain a similar database of registered business entities. Here’s a list of international registries to help you get started.

2. Scan for DBAs and unregistered business names

It’s common for businesses to use names other than their officially registered corporate entity name. These names are called DBAs, which stands for doing business as. When doing research about your own prospective business name, you’ll want to research DBAs as well as legal entity names.

Depending on where you plan to register your business, the local laws governing DBA registration and use might vary. Even if a business hasn’t officially registered a name, they might still have a valid legal claim if they’ve been using it for a certain period of time. To check for DBAs, search your state or county’s DBA (or fictitious name) database, usually found on the local government website.

3. Do a manual internet search

A quick internet search is a simple and effective way to complement your database research and catch anything you might have missed. Depending on your industry and market, conducting a thorough search might look a bit different, but here are a few sources that will assist most searches:

• Google: This is the logical starting point for any internet search.

• Yelp: If you’re starting a business that will operate in a specific locality, Yelp helps you see what businesses are currently operating in that area. More importantly, it will show you the everyday, consumer-facing names they use.

• LinkedIn: There are no barriers for people to create business profiles on LinkedIn, which makes it a useful tool for finding businesses using DBAs. Also check that the social media handles you want are available.

• Crunchbase: Because Crunchbase reports on startup funding from the earliest stages, it’s an excellent place to learn the names of startups that might not yet exist anywhere else on the internet or official registries.

4. Start your business through an online incorporation service

Online business formation services check whether your desired business name is already in use or too similar to existing names registered with state authorities.

Stripe Atlas, for example, checks if a business name is taken by verifying it with Delaware’s Division of Corporations to ensure it's not already in use or too similar to an existing entity. If the name is unavailable, you’ll be asked to choose an alternative.

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 opens you up to a potential lawsuit. You’ll need to think about the financial and logistical cost of re-naming 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 labor 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 same market space.

What to do if your desired business name is taken

There are three scenarios that could stall your use of a business name:

1. Another business entity in your state is already officially registered using that name or a name that’s similar enough that your chosen name would not get approved.
   
2. Someone else has a trademark over the name, which could present an obstacle to using that name, even if the trademark holder is not actively using it themselves.
   
3. 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 pick the second option, you might reach out to them directly and offer to buy them out of the name and have ownership transferred 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 that the agreement is properly drafted and executed.

Ultimately, it’s important to consider your options carefully and consult with a legal professional before making any decisions regarding the use of a business name that is already in use by another party.

How Stripe can help

Stripe Atlas sets up your company’s legal foundations so you can fundraise, open a bank account, and accept payments within two business days from anywhere in the world.

Join 75K+ companies incorporated using Atlas, including startups backed by top investors like Y Combinator, a16z, and General Catalyst.

Applying to Atlas

Applying to form a company with Atlas takes less than 10 minutes. You’ll choose your company structure, instantly confirm whether your company name is available, and add up to four cofounders. You’ll also decide how to split equity, reserve a pool of equity for future investors and employees, appoint officers, and then e-sign all your documents. Any cofounders will receive emails inviting them to e-sign their documents, too.

Accepting payments and banking before your EIN arrives

After forming your company, Atlas files for your EIN. Founders with a US Social Security number, address, and cell phone number are eligible for IRS expedited processing, while others will receive standard processing, which can take a little longer. Additionally, Atlas enables pre-EIN payments and banking, so you can start accepting payments and making transactions before your EIN arrives.

Cashless founder stock purchase

Founders can purchase initial shares using their intellectual property (e.g., copyrights or patents) instead of cash, with proof of purchase stored in your Atlas Dashboard. Your IP must be valued at $100 or less to use this feature; if you own IP above that value, consult a lawyer before proceeding.

Automatic 83(b) tax election filing

Founders can file an 83(b) tax election to reduce personal income taxes. Atlas will file it for you—whether you are a US or non-US founder—with USPS Certified Mail and tracking. You’ll receive a signed 83(b) election and proof of filing directly in your Stripe Dashboard.

World-class company legal documents

Atlas provides all the legal documents you need to start running your company. Atlas C corp documents are built in collaboration with Cooley, one of the world’s leading venture capital law firms. 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.

A free year of Stripe Payments, plus $50K in partner credits and discounts

Atlas collaborates with top-tier partners to give founders exclusive discounts and credits. These include discounts on essential tools for engineering, tax, finance, compliance, and operations from industry leaders like AWS, Carta, and Perplexity. We also provide you with your required Delaware registered agent for free in your first year. Plus, as an Atlas user, you’ll access additional Stripe benefits, including up to a year of free payment processing for up to $100K in payments volume.

Learn more about how Atlas can help you set up your new business quickly and easily, and get started today.