How to Check If a Business Name Is Taken: Complete Verification Guide

You've narrowed down your business name options to a few strong candidates. Before committing, you need to verify availability across multiple channels. Discovering that your chosen name is already taken—by a competitor, trademark holder, or established web presence—after you've started using it can be costly and disruptive.

This guide walks through exactly how to check if a business name is taken, covering federal trademarks, state registries, domain availability, social media handles, and common law uses. Follow these steps to avoid legal conflicts and ensure you can actually use your preferred name.

Why Comprehensive Name Checking Matters

Many founders check only domain availability or do a quick Google search, assuming that's sufficient. This limited approach misses critical conflicts that surface later as expensive problems.

A comprehensive name check protects you from:

Trademark infringement lawsuits: Using a name that infringes existing trademarks can result in cease-and-desist letters, costly litigation, forced rebranding, and potential damages. Federal trademarks provide nationwide protection, so a business in California can sue you in New York for using their trademarked name.

State business registration rejection: Each state maintains a registry of business entities. If your chosen name is too similar to an existing registered business in your state, your incorporation filing will be rejected, forcing you to restart the process.

Domain and digital asset conflicts: Even if you can legally use a name, if the domain and social handles are taken by active businesses, you'll face constant confusion, lost traffic, and diluted brand presence.

Lost brand equity: Starting with a name, investing in branding and marketing, then being forced to change it means losing all accumulated brand recognition and starting over. This typically costs $50,000-$500,000+ for established companies.

Checking thoroughly upfront takes a few hours but prevents scenarios that could cost years of time and six figures in expenses.

Step 1: Domain Availability Check

Start with domain availability because it's often the most constraining factor. A legally available name you can't use online has limited value.

Check Your Ideal Domain

Search for your exact business name with .com extension first. Use domain registrars like Namecheap, GoDaddy, or Google Domains to check availability.

If yourname.com is available for standard registration (typically $10-$15/year), that's ideal. Register it immediately if you're confident about the name, before continuing other checks. Domains are inexpensive and you can always abandon it if other checks reveal conflicts.

Evaluate Premium Domains

If yourname.com is taken but listed for sale (premium domain), note the asking price. Premium domains typically range from $1,000 to $100,000+ depending on length, keywords, and demand.

Decide your budget threshold. For funded startups, spending $5,000-$10,000 on an ideal domain is often worthwhile. For bootstrapped businesses, staying under $1,000 is more realistic.

Use domain appraisal tools (GoDaddy Appraisal, Estibot) to assess whether asking prices are reasonable. Premium domain sellers often negotiate, especially for legitimate startup buyers.

Explore Alternative Domain Strategies

If your ideal .com is unavailable or unaffordable, consider:

Alternative TLDs: Modern businesses successfully use .io, .ai, .co, and other extensions. This works especially well for technical products where these TLDs signal category fit. Notion.so, Repl.it, and Hugging.face demonstrate this approach.

Modifiers: Adding words like "get," "try," "use," "hey," or "meet" can unlock availability. Examples include getbasecamp.com, trello.com (originally "Trellis"), and usefathom.com.

Slight variations: Minor spelling changes or word variations can unlock domains if the core name remains recognizable. However, avoid changes that require explanation—if you have to say "that's Acme with two E's," you've added too much friction.

Country TLDs repurposed: Some country TLDs work as brand extensions. Delicious used del.icio.us before switching to delicious.com. Use cautiously, as these can feel gimmicky.

Whatever domain strategy you choose, verify it works before committing to the name. A great name with no viable domain options isn't actually available.

Step 2: Federal Trademark Search

After confirming domain viability, search federal trademark databases. This is the most legally consequential check.

Using the USPTO TESS Database

The USPTO (United States Patent and Trademark Office) maintains TESS (Trademark Electronic Search System) at uspto.gov. This database includes all federal trademark registrations and pending applications.

Basic word mark search:

1. Go to uspto.gov and navigate to the TESS database
2. Select "Basic Word Mark Search"
3. Enter your business name in the search field
4. Review all results for matches in related categories

Understanding search results:

Results show trademark status (registered, pending, abandoned, cancelled), registration date, owner, and international class (category of goods/services).

Pay special attention to:

• Live registrations in related industries to yours
• Pending applications that would conflict if approved
• International classes that overlap with your business category

For example, if you're starting a software company (Class 9 and 42), a registered trademark in your industry using the same name is a major conflict. A registered trademark in an unrelated industry (like restaurant services, Class 43) is less concerning but worth noting.

Evaluating Trademark Conflicts

Not every search result is a deal-breaker. Trademarks are industry-specific—"Delta" can be used by both an airline and a faucet company because there's no consumer confusion.

Consider these factors:

Industry overlap: How closely related is the existing trademark to your business? If you're both in software/technology, conflict risk is high. If they're in completely different industries, risk is lower.

Name similarity: Is the match exact, or just similar? "Acme" and "Acme Solutions" might conflict. "Acme" and "Akme" might or might not, depending on other factors.

Mark strength: Fanciful marks (invented words like Kodak) receive stronger protection than descriptive marks. If an existing mark is weakly descriptive, you may have more flexibility.

Geographic scope: Federal trademarks provide nationwide protection. State trademarks only protect within that state. Common law rights (unregistered uses) provide limited geographic protection based on actual business presence.

When in doubt, consult a trademark attorney. They can provide professional opinions on conflict risk and registration likelihood. This typically costs $500-$1,500 but is worthwhile for confirming your final name choice.

International Trademark Considerations

If you plan international expansion, search international trademark databases:

WIPO Global Brand Database (globalbrands.wipo.int): Searches international registrations through the Madrid System, covering 130+ countries.

European Union Intellectual Property Office (euipo.europa.eu): Search EU-wide trademark registrations if Europe is a target market.

Country-specific databases: Major markets like Canada, UK, Australia, and China have their own trademark offices with searchable databases.

International searches are especially important if your business model depends on global scaling or if you're venture-backed with international expansion plans.

Step 3: State Business Registry Check

Each state maintains a registry of business entities (corporations, LLCs, partnerships). You cannot register a business name that's identical or confusingly similar to existing registered entities in your state.

Searching State Databases

Most states provide free online business entity search tools through their Secretary of State website.

Search for:

• Your state's "Secretary of State business entity search"
• Enter your proposed business name
• Review results for exact and similar matches

For example:

• California: bizfileonline.sos.ca.gov
• New York: dos.ny.gov/corporations
• Delaware: icis.corp.delaware.gov
• Texas: comptroller.texas.gov/taxes/franchise

Interpreting State Registry Results

State registries show:

• Entity name
• Entity type (Corporation, LLC, etc.)
• Status (active, inactive, dissolved)
• Registration date

Active entities with identical names in your state will prevent your registration. You'll need to choose a different name or add distinguishing words.

Similar but not identical names might be allowed depending on state rules. Some states have strict similarity standards; others are more permissive.

Inactive or dissolved entities generally don't block new registrations, but check state-specific rules.

Multi-State Considerations

If you plan to operate in multiple states, check business registries in all relevant states. While your LLC or corporation is registered in one state (often Delaware for liability and tax benefits), you may need to file as a "foreign entity" in states where you do business.

A name conflict in a state where you'll operate could require using different trade names (DBAs) in different states, creating branding confusion.

Step 4: Common Law Trademark Search

Not all trademark rights require formal registration. "Common law" trademarks develop through actual business use, even without USPTO registration.

Google Search Investigation

Conduct thorough Google searches for your proposed name:

Exact match search: Put your name in quotes ("Your Business Name") to find exact matches. Look through at least the first 10 pages of results.

Variations and misspellings: Search common variations, alternate spellings, and phonetic equivalents to find similar uses.

Industry-specific searches: Add your industry keywords ("Your Name software," "Your Name consulting") to find related businesses.

What to Look For

Pay attention to:

Active businesses using the name: Even without trademark registration, established businesses using a name in commerce can claim common law rights in their geographic area and industry.

Defunct businesses: Old businesses that no longer exist are less concerning, but check when they closed and whether successor companies might claim the name.

Social media presence: Active social media accounts suggest current business use. Check LinkedIn company pages, Twitter accounts, and Facebook pages for businesses using your name.

News and press mentions: Media coverage indicates established presence and potential brand recognition you'd be competing against.

Assessing Common Law Conflicts

Common law trademark rights are limited by:

• Geographic area of actual business operations
• Industry/product category
• Extent of brand recognition

A small local business using your name in another state doesn't necessarily prevent you from using it, especially in different industries. However, expanding into their territory later could create conflicts.

Document your findings. If conflicts exist but seem manageable, consult a trademark attorney for professional assessment.

Step 5: Social Media and Platform Availability

Even if your name is legally available, if social media handles are taken by established accounts, you'll face branding challenges and potential confusion.

Check Major Platforms

Search for your exact business name on:

• Twitter/X
• Instagram
• Facebook (personal and business pages)
• LinkedIn (company pages)
• TikTok
• YouTube
• GitHub (if relevant for your industry)
• Product Hunt

Tools like Namechk (namechk.com) and KnowEm (knowem.com) automate checking multiple platforms simultaneously.

Evaluating Social Media Conflicts

Exact matches with active accounts: If someone actively uses your exact name on major platforms, you'll need to use variations, which creates branding inconsistency. Consider whether this is acceptable or should disqualify the name.

Inactive or abandoned accounts: Some platforms allow requesting inactive usernames. Document these for potential future claims. Most platforms require 6-12 months of inactivity before considering username release.

Slight variations available: If @yourname is taken but @getyourname or @tryyourname is available, that might be acceptable depending on your social media strategy.

Related but different accounts: If @yourname exists but represents something unrelated (personal account, different industry), it's less problematic but worth noting for potential confusion.

Securing Available Handles

For names you're seriously considering, claim available social media handles immediately. Most platforms allow creating accounts that you don't immediately use.

This prevents someone else from taking handles once they see you're interested in a name. Social media accounts are free, and you can always delete unused accounts if you choose a different name.

Step 6: Industry-Specific Checks

Depending on your industry, additional specialized checks may be necessary.

Domain-Specific Considerations

Finance and banking: Regulated industries have naming restrictions. Terms like "bank," "federal," or "insurance" require licensing and regulatory approval.

Healthcare: HIPAA and other regulations affect naming. Terms suggesting medical credentials or capabilities may require verification.

Legal services: State bar associations regulate use of terms like "attorney," "law firm," and related terminology.

Alcohol and cannabis: Highly regulated industries with specific naming and labeling requirements at federal and state levels.

Nonprofits: 501(c)(3) organizations have naming requirements and restrictions on terms suggesting endorsement or affiliation.

Research naming regulations specific to your industry before committing to a name.

Professional Association Checks

Some industries have professional associations that maintain member directories:

• Medical: AMA, specialty medical associations
• Legal: State bar associations
• Accounting: AICPA, state CPA societies
• Real estate: NAR, state associations

If your business name matches existing members in your geographic area, it could create confusion even without formal trademark conflicts.

Step 7: Domain History and Reputation Check

Even if a domain is available for registration, check its history to avoid inheriting reputation problems.

Using Archive.org

The Internet Archive's Wayback Machine (archive.org/web) shows historical versions of websites. Enter your proposed domain to see:

• What content previously existed on this domain
• Whether it was used for spam, adult content, or other problematic purposes
• How recently the domain was active

Domains with negative history may have penalties in search engines or negative associations you'll inherit.

Checking Blacklists

Search your domain on spam blacklists and reputation databases:

• MXToolbox Blacklist Check
• Google Safe Browsing Check
• URIBL, SURBL, and other DNS blacklists

Blacklisted domains face email deliverability issues and search engine penalties. While you can sometimes resolve these issues, it's better to avoid problematic domains entirely.

Step 8: Documentation and Decision Making

After completing all checks, compile your findings in a spreadsheet or document for each name candidate.

Documentation Template

For each name, record:

• Domain availability status and cost
• USPTO trademark search results (exact matches, related classes)
• State business registry results
• Common law uses identified (active businesses, geographic presence)
• Social media handle availability by platform
• Industry-specific considerations
• Domain history notes

Decision Framework

Use this information to categorize each name:

Green light: Available domain, no trademark conflicts, available social handles, no problematic common law uses. These names are safe to move forward with.

Yellow light: Minor issues that can be navigated (premium domain within budget, alternative TLD strategy, slight social media variations needed). These require strategic decisions about acceptable trade-offs.

Red light: Significant trademark conflicts, state registry conflicts, major common law presence, or no viable domain options. These names should be eliminated.

Prioritize green light names. For yellow light names, assess whether the trade-offs are acceptable given your resources and strategy.

When to Hire Professional Help

DIY name checking catches most obvious conflicts, but professional trademark searches provide legal opinions and deeper investigation.

Consider hiring a trademark attorney when:

• Your preliminary searches found potential conflicts and you need professional conflict assessment
• You're in a crowded industry where name conflicts are common
• Your business model depends on rapid geographic expansion
• You're venture-backed or planning significant brand investment
• You want maximum confidence before committing to a name

Professional trademark searches typically cost $500-$1,500 and take 1-2 weeks. Attorneys search federal and state databases, common law sources, and provide written opinions on registration likelihood and conflict risks.

This investment is worthwhile for confirming your final name choice before incorporation, domain purchase, and brand development.

Moving Forward with Confidence

Checking business name availability thoroughly takes time—plan for 30-60 minutes per name for basic checks, and several hours for comprehensive validation of your top choices.

This time investment prevents expensive problems later. Discovering conflicts after launching, building brand equity, and investing in marketing requires costly rebranding that disrupts momentum and wastes resources.

Use tools like Vibelo to generate name options with instant availability checks across domains and basic trademark databases, streamlining the early filtering process. Then conduct thorough manual verification for your final candidates before committing.

The goal isn't finding a name with zero complications—that's increasingly rare. The goal is understanding exactly what complications exist, making informed decisions about acceptable trade-offs, and having confidence that your chosen name won't create legal or practical problems as you scale.

Once you've confirmed availability across all channels, move quickly to secure your assets: register the domain, file trademark applications, claim social media handles, and file incorporation documents. Speed matters once you've validated a name, because available names don't stay available forever.