Checking your business name availability is a critical step that saves you time, money, and legal trouble down the road. Follow these steps to ensure that your name is unique and ready for branding:
Google Search Check for existing businesses.
Trademark Search -Ensure the name isn't legally owned.
State Registration- Check business name databases.
Domain Name Search- Secure a website URL.
Social Media Handles- Keep branding consistent.
DBA Search Register if needed.
Legal Consultation -Ensure full protection.
You have spent hours brainstorming names with your naming agency for your new brand and hit bullseye! You've got the perfect name that resonates with you and your audience. Now is the time to check if it's legally available to avoid any conflicts with a registered brand and starting the naming process all over again.
The last thing you want is to invest in branding, website development, and marketing only to find out that another business already owns the rights to the name.
This article will take you through a step-by-step process to check if your business name is available, covering domain names, trademarks, social media handles, and legal requirements. By following these steps, you'll protect your brand and avoid potential legal issues in the future.
Step 1: Perform a Basic Google Search
Before diving into official databases, start with a simple Google search. This will help you see if other businesses, websites, or individuals are already using your desired business name.
How to Conduct a Google Search for Business Name Availability:
1. Type Your Business Name in Quotes: Use quotes to search for exact matches (e.g., "Coffee Connection" ).
2. Try Different Variations: Search for plural forms, abbreviations, and synonyms.
3. Check the First Few Pages of Results: If an established business already dominates the search results, it may be best to choose another name.
4. Look for Industry Overlap: If another business in your industry is using a similar name, it may lead to confusion and legal issues.
If your desired name appears mostly in unrelated contexts (e.g., personal blogs or inactive businesses), you may still be able to use it.
Step 2: Check for Trademark Availability
A trademark protects business names, logos, and slogans from being used by others in the same industry. If your desired business name is already trademarked, you may not be able to use it legally. You must consult your naming agency and a legal team to help search for trademark availability. Names churned out by AI generators are most likely taken.
How to Check for Trademarks in the U.S.:
1. Visit the USPTO (United States Patent and Trademark Office) Website
Go to https://tmsearch.uspto.gov.
2. Use the Basic Word Mark Search
Type in your desired business name and check for exact or similar matches.
3. Check for Similar Names in Your Industry
Even if an exact match doesn't exist, a similar name in the same industry could lead to legal conflicts.
4. Review Trademark Status
Look at the trademark status and classification to see if it's still active and if it applies to your industry.
International Trademark Searches
If you plan to operate internationally, check for trademarks in:
Europe: EUIPOUK: UKIPO
Canada: CIPO
Australia: IP Australia
If a similar name exists but is registered in a different industry, you may still be able to use it. However, consult a trademark attorney for guidance.
Step 3: Check Business Name Availability with Your State or Country
Even if a name is not trademarked, it may already be registered with a state or national business authority.
How to Check in the U.S.:
Each U.S. state has its own business name registry. You'll need to search through your state's Secretary of State website to check availability.
Steps to Check Business Name Registration in Your State:
1. Visit Your Secretary of State's Website
Use a directory like NASAA to find your state's official site.
2. Use the Business Name Search Tool
Search for your desired business name in the state's database.
3. Check for Exact and Similar Matches
If a business with the same name exists in your state, you may need to choose a different name.
If you plan to operate in multiple states, check each state individually.If the name is available in your state but taken in another, you might face challenges when expanding your business.
Checking Business Name Availability Outside the U.S.:
UK: Use the Companies House Name Availability Checker
Canada: Use the NUANS Business Name Search
Australia: Use the ASIC Business Name Search
Step 4: Check for Domain Name Availability
A domain name (e.g., YourBusiness.com) is essential for establishing an online presence. Even if a business name is available legally, it's important to ensure the corresponding domain name is also free.
How to Check and Register a Domain Name:
1. Use a Domain Search Tool
Check domain availability on sites like:
2. Check for Variations
If YourBusiness.com is taken, try different extensions like .net, .co, .io, or .biz.
3. Consider Alternative Spellings or Modifications
Add small changes like GetYourBusiness.com or YourBusinessHQ.com
4. Buy Your Domain Immediately
If your domain is available, secure it as soon as possible to prevent someone else from taking it. .com domains are a bit difficult to obtain. They are either available at a premium price or are available by modifying the original name. Your naming agency can give you options that work best.
If your desired domain is taken but not actively used, consider contacting the owner to negotiate a purchase.
Step 5: Check Social Media Handle Availability
Your business name should be available across major social media platforms to maintain brand consistency.
How to Check Social Media Handles:
1. Use a Username Checker Tool
Tools like Namechk and KnowEm can check availability across multiple platforms.
2. Search Each Platform Individually
Check availability on major platforms like:
Facebook
Instagram
Twitter (X)
LinkedIn
TikTok
YouTube
3. Modify Handles if Necessary
If your business name is taken, try adding a suffix (e.g., @YourBusinessCo, @YourBusinessOfficial).
Even if you don't plan to use social media right away, secure the handles to prevent others from using them.
Step 6: Conduct a DBA (Doing Business As) Search
If you plan to operate under a different business name than your legal name, you may need to file a DBA (Doing Business As) registration.
How to Check DBA Name Availability:
1. Visit Your County or State's DBA Registry
Check with your local government office or county clerk.
2. Search for Your Business Name
Ensure no one else has registered the name in your local area.
3. File a DBA If Required
If the name is available, register it to legally operate under that name.
Step 7: Consult a Business Attorney
If you're unsure about business name availability, consult a lawyer who specializes in intellectual property and trademarks. They can help:
Ensure full legal clearance.
Assist in trademark registration.
Protect your business name from future legal challenges.
If you're planning a nationwide or global business, legal consultation is highly recommended.
Once you confirm your business name is available, register it quickly to prevent others from taking it. Your brand identity is valuable and it is prudent to protect it from the start!