Are you planning to start a business with a super clever business name? Well, I doubt you’ll ever top Lord of the Wings, but you can try. Whether you’ve thought up something fire or you’re just gonna go with Bob’s Plumbing Service or something equally boring, you’ll need to run a business name search first.
Running a search before reserving your business name will safeguard your company from a lot of legal issues in the future. In this article we’ll discuss everything you need to know about running a business entity search in every state, and what to expect.
To skip to how you can run a business name search in your state, click here.
Why It Matters If Your Business Name Is Taken
If you choose the same name as another company, or one that’s too similar, you could be committing “trademark infringement” or creating “unfair competition.”
Not to mention, it would be incredibly confusing to your customers, as well as customers of the other business. It’s generally not good practice to create a business that your customers aren’t sure how to reach.
If the other business were to sue your company, you could be forced to not only pay them damages, but also change your business name. To avoid this and other trademark law violations, do some research to ensure an identical or similar business name isn’t already in use.
Types of Business Name Searches You Should Do
There’s no one-stop shop to search for any potentially similar business entity names. This is mostly because it’s legal for a business to claim a trademark on a business name just by using it, which is what many businesses do. And in light of that fact, it’s nearly impossible to create one central database to perform business entity name searches.
Instead, you’ll need to search a few different databases and websites to make sure you’re not going to encounter future legal issues with your business name. Here’s the best way to thoroughly search your chosen entity name.
Quick Screening Search
A good way to weed out some of the company name options on your list (and you definitely should have a few for backups!), is to pop the name into a search engine, like Google. This is a quick and easy way to find out whether another business has been using that particular business name.
If you’re starting a tire-changing business and want to use the name “Tread Ahead,” type that name into the search bar. If the search results reveal that another automotive company is using the name “A Tread Ahead,” then it’s a good idea to cross that one off your list.
When you’re running this quick screening search, you’ll want to check social media handles and channels to see if someone already has your business name listed. It’s also a smart move to do a domain name search.
While your social media and domain names aren’t your business name, if you want unification in your business name presentation across all platforms and in advertising, and someone is already using your business name on social media or as a domain name, then you’ll have to get creative — or even think up another business name.
That’s why it’s important to run this screen before you lock in your business name.
Fictitious Name Databases
A fictitious name is a name that you use for your business that differs from its legally registered business name. It’s also referred to as a “Doing Business As (DBA) name,” “assumed business name,” or “trade name.”
Business entities that are legally established with the state government (like limited liability companies or corporations) sometimes use fictitious business names if they use a business name that’s different from the one they officially registered for the company.
So, if a company is officially registered as “Moneybag Enterprises,” but it does business as “The Moneybag Company,” then it would need to register the latter as a fictitious business name.
Fictitious business names must typically be registered with the local, county, or state government, and will show up only if you search for fictitious names. If you discover that your chosen name is being used as a fictitious name, you should choose another name.
To find out if another business entity is using a fictitious name that’s similar to yours, check the county clerk’s office or website. This will tell you if this particular fictitious name is currently in use in your county. Not every state lists fictitious business names, and some states don’t even keep records of them.
Sole Proprietorships
In many instances, sole proprietors use their own names for their business names. So, if John Smith owns a sole proprietorship, it would likely be listed under “John Smith.”
If there are more people in your state with the same name listed as their business name, you may want to use a different business name because it could confuse other businesses, the state government, and your customers.
However, if the sole proprietor uses a business name other than their legal name, it would be a fictitious name. In this instance, if John Smith owns a business called “Smith’s Home Goods,” then it would be registered as a fictitious business name.
Corporation, LLC, or Limited Partnership Name Databases
If you’re establishing a limited liability company, corporation, or limited partnership, you need to ensure that the business name you’ve chosen isn’t already being used by another local limited liability company, corporation, or limited partnership.
To search through the names of business entities in your state, you need to navigate your way over to the governing authority in your state, probably the Secretary of State’s website, and then conduct a business entity search. We’ll go into this in much more detail later and explain everything you need to know about how to run a business entity search in your state.
Registered Trademark Search
Every new business entity should run a search of the federal trademark database through the USPTO (US Patent and Trademark Office) to find out if there are trademarks on their business name.
Using a federally registered trademark name could leave you liable for “willful infringement” if the owner of the trademark sues your company. Willful infringement means you knew there was a trademark and violated it anyway.
The law is clear that you can be sued for willful infringement even if you don’t search the trademark database, and you definitely don’t want to deal with this type of lawsuit. If you’re sued for willful infringement, your penalties will cost more than other trademark violations.
Here’s how to avoid it:
Use the Free Trademark Database on the USPTO’s Website
It’s easy to search for trademarks on business names using the Trademark Electronic Search System (TESS) on the USPTO’s website. Choose the “Basic Word Mark Search” option, enter your chosen business name, and comb through the search results.
Check State Trademark Databases
Not only are there federal trademarks, but you also have state trademarks to contend with, which means it’s a good idea to check your state government’s website for trademarks.
You’ll usually find this database on the Secretary of State’s website, although in some places the state trademark register is a whole department unto itself. To find out how your state handles trademarks, check with the Corporations Division or Secretary of State.
Business Entity Search by State
Here’s a comprehensive guide to running a business entity search in every state. After all, if you're a big business that plans to expand to multiple states, you’ll likely need to know how to run these searches in more than one state!
Just in case you run into trouble along the way, we’ve added the websites for the appropriate government agency to the top of each listing so that you can easily contact them.
1. Alabama
To search for a business name in Alabama visit the Alabama Secretary of State here.
Note that Alabama is the only state that requires you to file a name reservation before you officially form your business. You can file your name reservation with the Secretary of State here.
2. Alaska
To search for a business name in Alaska, visit the Alaska Secretary of State Division of Corporations, Business and Professional Licensing here.
3. Arizona
To search for a business name in Arizona, visit the Arizona Corporation Commission here.
4. Arkansas
To search for a business name in Arkansas, visit the Arkansas Secretary of State here.
A handy Name Availability Guidelines link is at the top of the business name search, which you can find here.
5. California
To search for a business name in California, visit the California Secretary of State Business Programs Division here.
California limits searches to 500 results and considers this an informal search. For a formal business name search, submit a paper Name Availability Inquiry Letter by mail, which you can find here.
6. Colorado
To search for a business name in Colorado visit the Colorado Secretary of State here.
Results are limited, so if your search produces too many results, you’ll need to refine your search, narrowing it down by adding words or changing your search criteria.
7. Connecticut
To search for a business name in Connecticut, visit the Colorado Secretary of State Business Records Search page here.
8. Delaware
To search for a business name in Delaware, visit the Delaware Secretary of State Division of Corporations here.
The site notes that the results provided are current only at the time of the search. You can order a Certificate of Status from a registered agent here.
9. District of Columbia
To search for a business name in the District of Columbia, visit the Office of Secretary Department of Licensing and Consumer Protection here.
10. Florida
To search for a business name in Florida, visit the Florida Department of State Division of Corporations here.
11. Georgia
To search for a business name in Georgia, visit the Georgia Secretary of State Corporations Division here.
12. Hawaii
To search for a business name in Hawaii, visit the Hawaii Department of Commerce and Consumer Affairs here.
13. Idaho
To search for a business name in Idaho, visit the Idaho Secretary of State here.
14. Illinois
To search for a business name in Illinois, visit the Illinois Secretary of State here.
15. Indiana
To search for a business name in Indiana, visit the Indiana Secretary of State Business Services Division here.
16. Iowa
To search for a business name in Iowa, visit the Iowa Secretary of State here.s.
17. Kansas
To search for a business name in Kansas, head over to the Kansas Secretary of State Business Entity Search Station (BESS) here.
Kansas doesn’t keep track of DBA names, assumed names, trade names, fictitious names, or the names of sole proprietorships.
18. Kentucky
To search for a business name in Kentucky, go to the Kentucky Secretary of State Business Entity Search site, which you can find here..
19. Louisiana
To search for a business name in Louisiana, visit the Louisiana Secretary of State’s business filings search here.
The maximum number of search results is 250, so you may have to narrow your search by entering precise keywords or the whole business name.
20. Maine
To search for a business name in Maine, visit the Maine Secretary of State Bureau of Corporations, Elections and Commisions’s Corporate Name Search page, here.
You’re limited to 100 results, so add words or change them up to narrow your results a bit.
21. Maryland
To search for a business name in Maryland, visit the Maryland Secretary of State Business Entity Search here.
The Secretary of State is warning people about a scam that’s being perpetrated right now where businesses are getting registered with the state, and then are being told that they have to send out an additional payment for yet another filing fee to get their Certificate of Status, so watch out for that with your business filings!
22. Massachusetts
To search a business name in Massachusetts, visit the Massachusetts Secretary of Commonwealth Corporations Division Business here.
23. Michigan
To search for a business name in Michigan, visit the Michigan Department of State Department of Licensing and Regulatory Affairs here.
24. Minnesota
To search for a business name in Minnesota, make your way over to the Minnesota Secretary of State Business & Liens page here.
25. Mississippi
To search for a business name in Mississippi, visit the Mississippi Secretary of State business search website here.
26. Missouri
To search for a business name in Missouri, visit the Missouri Secretary of State business entity search site here.
27. Montana
To search for a business name in Montana, visit the Montana Secretary of State business search site here.
28. Nebraska
To search for a business name in Nebraska, go to the Nebraska Secretary of State Corporate & Business Search site here.
This is an informal search. For an official name availability inquiry, you’re required to submit a form to the Secretary of State by email, fax, or mail.
29. Nevada
To search for a business name in Nevada, visit the Nevada Secretary of State’s business search page here.
30. New Hampshire
To search for a business name in New Hampshire, visit the New Hampshire Department of State’s Business Search page.
31. New Jersey
To search for a business name in New Jersey, go to the Department of Treasury Division of Revenue and Enterprise Services Business Records Service search here.
32. New Mexico
To search for a business name in New Mexico, head to the Business Search over on the New Mexico Secretary of State Corporations and Business Services site. You can find it here.
33. New York
To search for a business name in New York, visit the Department of State Division of Corporations’ Corporation and Business Entity Database.
34. North Carolina
To search for a business name in North Carolina, visit the Secretary of State’s business entity search page here.
35. North Dakota
To search for a business name in North Dakota, go to the North Dakota Secretary of State’s Business Search page.
36. Ohio
To search for a business name in Ohio, head to the Secretary of State’s Business Name Search page.
37. Oklahoma
To search for a business name in Oklahoma, visit the Secretary of State’s Business Entity Search page.
38. Oregon
To search for a business name in Oregon, head to the Oregon Secretary of State Business Search site here.
39. Pennsylvania
To search for a business name in Pennsylvania, go to the Pennsylvania Department of State Bureau of Corporations and Charitable Organizations Business Search page.
40. Rhode Island
To search for a business name in Rhode Island, visit the Rhode Island Department of State business portal here.
41. South Carolina
To search for a business name in South Carolina, navigate to the South Carolina Secretary of State’s Business Name Search.
42. South Dakota
To search for a business name in South Dakota, head to the South Dakota Secretary of State’s Business Name Search page.
43. Tennessee
To search for a business name in Tennessee, go to the Business Entity Search on the Secretary of State’s website.
44. Texas
To search for a business name in Texas, visit the Texas Secretary of State here. To avoid the $1 fee, conduct your search through the business entity search of the Texas Comptroller of Public Accounts instead.
45. Utah
To search for a business name in Utah, head over to the business name search page on the Division of Corporation’s website.
46. Vermont
To search for a business name in Vermont, visit the Secretary of State Corporation Division’s business entity search here.
47. Virginia
To search for a business name in Virginia, go to the State Corporation Commission’s business entity search page, which you can find here.
For a quicker yes-or-no answer on name availability, head here to do a name availability search.
48. Washington
To search for a business name in Washington, head to the Corporation Search page on the Secretary of State Corporation & Charities Division site here.
49. West Virginia
To search for a business name in West Virginia, go to the Business Organization Search on the Secretary of State’s page.
50. Wisconsin
To search for a business name in Wisconsin, go to the Corporate Records Search on the Department of Financial Institutions site.
51. Wyoming
To search for a business name in Wyoming, head to the Business Filing Search on the Secretary of State’s page.
Conclusion
When starting a new business, it’s important to choose the right business name, and part of choosing the right business name is choosing one that’s not in use by another company.
Running a business name search is a quick and easy solution to determine whether you can use your chosen business name in your state.
If you’d like to learn more about other activities involved in the formation process, read my guide on How to Start an LLC. If you’d like the help of experienced professionals to get you through the formation process, read the Best LLC Formation Services. And if you’d like to learn about registered agent services, read the Best Registered Agent Services.
