🚀 Starting a Business

Check Business Name Availability in 10 Minutes

Don't print those business cards yet. Use this two-step search to ensure your business name won't trigger a lawsuit.

By MyBizNerd Team · Published

Key Takeaways

  • Search the United States Patent and Trademark Office (USPTO) database first to avoid federal trademark lawsuits that can cost $10,000 or more to settle.
  • Verify your name is available with your Secretary of State (SOS) to ensure you can legally register your LLC or Corporation.
  • A name can be 'available' at the state level but still illegal to use if someone else owns the federal trademark for a similar service.
  • Use the TESS (Trademark Electronic Search System) tool to look for phonetically similar names, not just exact matches.

In October 2023, a friend of mine spent $1,400 on custom vinyl wraps for his new pressure washing van in Georgia. He chose the name 'Sparkle Squad.' Two weeks later, he got a cease-and-desist letter from a franchise in another state that owned the federal trademark. He had to scrape the wraps off, change his name, and start his Google Business Profile from zero. He lost the $1,400 and three weeks of booking time because he only checked if the domain name was available.

Most new owners think that if GoDaddy says the URL is free, they're safe. That's wrong for most small owners because domain registrars don't check legal rights. You need to clear two specific hurdles before you spend a dime on logos or business cards.

Step 1: The Federal Trademark Search

The biggest threat to your cash isn't the local guy down the street. It's a federal trademark holder who sees you as a competitor. You check this by using the USPTO search tool.

Go to the USPTO Trademark Search database and look for your desired name. Don't just type in the exact name. If you want to name your business 'The Coffee Nook,' search for 'Coffee Nook,' 'Nook Coffee,' and even 'The Coffee Nuuk.' The law cares about 'likelihood of confusion.' If a customer might mistake you for someone else because the names sound the same, you're at risk.

What this means for you: If you see a 'Live' trademark for a similar business, pick a new name now to avoid a lawsuit later.

Step 2: The Secretary of State (SOS) Check

Once you know you aren't stepping on a federal trademark, you need to see if your state will let you register the business. Every state has a Secretary of State website with a 'Business Entity Search' or 'Corporation Search.'

  • Find your state's SOS website via USA.gov's state directory.
  • Search for your name in their database.
  • If an exact match exists in your state, they'll reject your LLC filing.
  • Check for 'Doing Business As' (DBA) filings if you're a sole proprietor.

A plumber in Ohio might find that 'Green Plumbing LLC' is taken, but 'Green Pipe Solutions LLC' is open. State rules are usually stricter about exact matches than the USPTO is. They won't let two businesses have the same name in their records, even if they do totally different things.

What this means for you: This check confirms if you can actually file your paperwork and get an EIN (Employer Identification Number) from the IRS.

Common Naming Questions

Can I use a name if the trademark is 'Dead'? Generally, yes. A 'Dead' status at the USPTO means the previous owner stopped paying fees or abandoned the mark. However, they might still have 'common law' rights if they're still running their business. If the website is dead and the phone is disconnected, you're usually in the clear. A quick $200 chat with a trademark attorney is smart if you're unsure.

Does a domain name count as a trademark? No. Owning the.com gives you zero legal rights to the name itself. It just means you own a digital piece of real estate. Many owners make the $500 mistake of buying a premium domain before checking the USPTO search tool, only to find they can't legally use the name for their services.

What if I'm just a solo freelancer? Even if you aren't an LLC, you still have to follow trademark laws. If you call yourself 'Elite Bookkeeping' and someone else owns that mark, they can sue you for your profits. The $591 daily fines for some filing errors are scary, but trademark infringement is the fastest way to lose your personal savings.

Have you looked up your top three name ideas on the USPTO site yet?

📋 Disclaimer

This article is for informational purposes only and does not constitute legal, tax, financial, or professional advice. Laws and regulations change frequently, and the information presented may not reflect the most current legal developments. Always consult with a qualified professional (CPA, attorney, financial advisor) before making business decisions based on this content. MyBizNerd may receive compensation through affiliate links, but this never influences our recommendations.