Pick Your Business Name and Check Trademarks for $0
Don't spend $500 on a lawyer yet. Use this simple checklist to pick a name that won't get you sued.
By MyBizNerd Team · Published
Key Takeaways
- Search the USPTO TESS database to see if another business already owns your name legally.
- Verify your name is available with your Secretary of State to avoid filing rejection fees.
- Check that a matching.com domain name is available for under $20 before you print any business cards.
- Avoid 'generic' names that describe your service exactly, or the government might refuse to protect your brand.
- Search your state's business registry for duplicates.
- Check the federal trademark database for similar names.
- Grab a matching domain name while it's cheap.
I once knew a guy in Toledo who spent $4,000 on a van wrap and shirts for his new junk removal company. The name was catchy but too close to a national franchise. Two weeks later, he got a cease-and-desist letter in the mail. He had to scrape the vinyl off his truck and start over. That mistake cost him his entire startup budget before he even landed his tenth customer.
Use the TESS Database First
Before you get attached to a name, you need to see if it's already taken at the national level. The United States Patent and Trademark Office (USPTO) maintains a public search tool called the Trademark Electronic Search System (TESS). You can search this for free to see if names similar to yours are registered in your specific industry.
When you search, don't just look for your exact name. Look for names that sound the same or mean the same thing. If you want to name your landscaping business 'Green Guard' but someone else owns 'Greenguard' for lawn care, you'll likely lose that fight. The government calls this a 'likelihood of confusion.' You can start your search on the USPTO website.
What this means for you: If a similar name exists in your lane, pick a new one today to avoid a lawsuit later.
Check Your Local Secretary of State
Even if a name is clear nationally, your local government might block it. Every state has a database of LLCs (Limited Liability Companies) and corporations. If a lady three towns over registered 'Sunshine Bakery LLC' last year, your state will reject your paperwork if you try to use that same name.
Go to the website for your Secretary of State (search '[Your State] business search') and type in your ideas. This search is usually free and takes ten seconds. Most states require your name to be 'distinguishable' from others. This usually means you cannot just add an 's' to the end of an existing name or change 'and' to '&' and call it original. You can find links to most state filing offices through the SBA search portal.
What this means for you: Checking your state database prevents you from wasting $50 to $150 on a rejected filing fee.
The Naming Practicality Table
| Feature | Good Example | Bad Example |
|---|---|---|
| Scope | Blue River Plumbing | Plumbing Services Inc. |
| URL | blueriverplaint.com | the-original-plumbing-pros-ohio.net |
| Branding | Unique and memorable | Generic and boring |
Action Checklist
Phase 1: The Brainstorm
- Write down 5 names that don't use your personal name.
- Say them out loud to check for easy pronunciation.
- Eliminate any names that are hard to spell.
Phase 2: The Legal Check
- Search the USPTO TESS database for similar sounds.
- Check your Secretary of State website for exact matches.
- Verify the name doesn't violate any local 'Doing Business As' (DBA) rules.
Phase 3: The Digital Land Grab
- Search for the.com domain on a site like Namecheap or Google.
- Check Instagram and Facebook handles for the name.
- Set up a basic Gmail using the business name to test it out.
(Disclosure: we may earn a commission if you sign up through our links.)
I spent three days naming my first side hustle only to realize the domain cost $2,500 from a squatter. Check the price of the web address before you fall in love with the words.
📋 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.