How to register a name for your company

Business name registration is the only way to fully claim your company name—otherwise, you run the risk of having the hard work you’ve put into marketing materials, merchandise, and building your brand taken away from you.

In this article, we'll cover everything you need to know about how to register a business name, including why registration is so important, how you can determine whether your business name is available, and the steps to take to ensure that you have full ownership over your name.

At a glance: how to register a company name

Not every business needs all three registrations. Use this table to identify which ones apply to you.

You can register your business name even before you have a business plan laid out. There are several benefits to registration:

• Customers won’t confuse your business with a different company: When you follow business name registration procedures, you’ll learn if other companies in the vicinity already have your name. If there are too many businesses with the same legal name in a single area, customers might not be able to find the one they’re looking for. This might also make it hard for you to develop brand recognition and could mean that customers don’t remember who you are.
• You may be challenged by other businesses with the same name: Having a similar name to another company puts you at risk of lawsuits. If you start operating but your name isn’t registered, you may be forced to change your name, as well as all signage, websites, social media, merchandise, swag, and other branded items. 
• You could lose the name to a new business: Failing to properly register a business name leaves it open for other entrepreneurs to claim. If they follow the proper procedures to claim ownership, they’ll have the right to send you a cease and desist letter and ask you to change your name. 

To form a business entity, you must file formation documents with your state. The law requires that business names are distinguishable from the name of every other existing company in the state, so no duplicates or slight modifications are allowed. For example, if you’re a technology startup in California, it’s likely that applications for businesses named “Apple Computing” or “Apple Technologies” will be denied.

You can find out if a name is available before you file formation documents by using the following resources.

Make sure the name is “distinguishable”

State filing offices compare your proposed name against existing business names in their records. A name is typically rejected if it’s identical to or only slightly different from an existing registered name. 

Minor changes like different punctuation, adding a designator (such as “Inc.” or “LLC”), or small spelling adjustments usually aren’t enough to qualify as distinguishable. For example, “Acme Solutions LLC” would likely be rejected if “Acme Solutions Inc.” already exists. 

Some words are also restricted in many states. Terms like “bank,” “insurance,” “trustee,” or words that imply a government affiliation may require special approval or licensing. The specific rules vary by state, so check with your Secretary of State’s office before finalizing a name that includes industry-specific terminology.

Business name search

A business name search is the most formal method for researching name availability. This search lets users parse state registrar archives for entities including limited liability companies (LLCs), C- and S-corporations, sole proprietorships, partnerships, and even DBAs. There are several third party services available through an internet search that allow you to search these records for free.

Searching the web

A basic internet search of your company name can give you an idea of how it’s used outside of your state and your country.

If the search results are dense, it may be a sign to consider alternate names or marketing strategies to lower competition for search traffic.

Domain name search

A domain name search will help determine the availability of web addresses. This information can dictate your name choice because your company name can play a major role in SEO. If your business relies heavily on digital traffic, consider creating a name that won’t have a lot of competition on search engines. The same strategy is true for social media platforms.

Domain registrars like GoDaddy, Squarespace Domains (which acquired Google Domains in 2023), Cloudflare, and Namecheap offer free domain search tools. These help you determine what names are available and how much specific URLs cost.

Federal trademark records

Federal trademarks are the ultimate tool for claiming a company name. Violating a trademark, even unknowingly, can invite a civil lawsuit—and trademark infringement cases are very expensive.

The USPTO has a Trademark Search tool. You can use it to search for existing registrations and pending applications that might conflict with your business name. 

Here’s how to conduct a thorough trademark search:

• Start with a “Wordmark” search using your proposed business name. This checks for exact and similar text matches.
• Filter results by Class. Trademark protection is tied to specific goods or services, so focus on the classes relevant to your business.
• Search for variations and phonetic equivalents. A name that sounds like an existing trademark (even if spelled differently) can still trigger an infringement claim.
• Check the owner and status of any results. A “dead” or “abandoned” mark may not block your registration, but a live one in your industry likely will.
• Consider both use-based and intent-to-use filings. You can file a trademark application based on current commercial use, or you can file an intent-to-use application if you haven’t launched yet but plan to.

Once you’ve done your preliminary research, the next step is business name registration.

If you’re wondering, “How do I register a company name?”, it depends on what you’re trying to accomplish. You may need to follow just one step below, or you may need all three. 

Many founders start with entity formation, add a DBA if their brand name differs from their legal name, and pursue a trademark once they’re ready to protect the brand nationally.

Step 1: Register your state entity name

Decide on a business structure. It dictates the kind of tax rules you will have to follow and how much protection you’ll have from personal liability. Common types of business entities include sole proprietorships, LLCs, S-corporations, C-corporations, and non-profits.

The Small Business Association has a guide on how to form each type of entity. Additionally, you may want to consult with a qualified bookkeeper or tax attorney for guidance on the type of corporate entity that will be best for your company. (If you’re a startup, it’s a corporation.)

When you form an entity, you’ll be asked to register a name. Each business structure has unique requirements for a chosen name. Corporations, for example, generally require that your name contains the word “corporation,” “company,” “incorporated,” “limited,” or a similar variation.

Here’s how to prepare for entity name registration: 

• Choose your business structure (LLC, corporation, partnership, etc.)
• Search your state’s business name database to confirm availability
• File your business formation documents (Articles of Organization for an LLC or Articles of Incorporation for a corporation) with the Secretary of State
• Pay the state filing fee ($50-$500, depending on the state and entity type)
• Receive your approved formation documents, typically within a few days to a few weeks 

Some states also offer name reservation, which lets you hold a name for a set period (usually 60-120 days) while you prepare your formation documents. Name reservation is optional in many states and typically costs $10–$50.

Step 2: Register an assumed name (DBA)

In some cases, the name you’ve chosen to register is not the name you want to do business with. This is known as doing business as, or DBA.

For example, you've registered your business as John’s Cookies Company but have decided after launching that you’d also like to sell brownies. Your registered name doesn’t reflect your business name anymore, and you’d like to go by John’s Baked Goods. In order to use John's Baked Goods as a name, you will need to register it as an assumed name of your business.

DBAs are useful if your business structure requires that you have a specific word within your name. For example, it is required that the word “LLC” is present in every registered LLC’s business name. With a DBA, John’s Cookies Company, LLC can become John’s Cookies.

Here’s how to prepare for DBA registration: 

• Confirm whether your state or county requires DBA registration (requirements vary)
• Search your state or county records for existing DBAs using the same name
• File a DBA application with the appropriate state or county office
• Pay the filing fee ($10–$100, depending on your location)
• Some states require you to publish a notice in a local newspaper after filing

A DBA doesn’t provide legal protection for your name on its own. Other businesses in your state may be able to use the same DBA. If you want exclusive rights to the name, you’ll need a trademark.

Step 3: Trademark and trade name registration

If you plan to stick with your company name for a long time and hope to scale your company far and wide, it may be worthwhile to trademark it. A trademark grants businesses complete exclusivity over their names.

Trademark infringement carries steep penalties and will likely deter competitors from creating knock-off merchandise or otherwise copying your brand. If someone does steal your name, trademark protections will make it easier to win in court.

Here’s how to prepare for federal trademark registration: 

• Run a thorough search using the USPTO’s Trademark Search tool 
• Filter by the Class(es) that apply to your goods or services
• Decide whether to file a use-based application (if you’re already using the mark in commerce) or an intent-to-use application (if you plan to use it soon)
• Submit your application through the USPTO’s Trademark Center, along with the filing fee ($250–$750 per class)
• Expect the full registration process to take 8–12 months or longer, depending on whether the USPTO examiner requests additional information or if your application is opposed.

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Filing fees and processing times vary based on your state, entity type, and whether you choose to expedite. Here’s what to expect:

Costs can also be influenced by whether you use a filing service or an attorney to assist you with the process. Your state may also charge additional fees, like publication requirements for DBAs). Federal trademark fees depend on how many trademark classes you file under.