How to Find If My Business Name Is Available in California

The California Secretary of State's office conducts name availability searches.

Choosing a business name is an integral part of starting a business. California law requires business names to be registered with the Office of the Secretary of State. The process includes determining whether the business name is unique and not currently used within the state. California law also stipulates that business names may not be misleading to the public as to the identify of the business. You can conduct name availability searches at the state and county level in California to verify if a business name is available in the jurisdiction.

Instructions

1. Verify that your business name is not misleading to the public. The California Secretary of State does not register business names that mislead the public by sounding similar to existing business names. The Secretary of State also will not register business names that purport to be government entities when they are not.

2. Mail a name availability inquiry letter to the California Secretary of State's office. Request that the office verify that your business name is sufficiently distinct from other businesses registered in California. The name availability inquiry letter (which differs from a name reservation request) is available online at the website of the California Secretary of State. (See Resource.) The office does not accept applications by email or online, as of 2010. The fee is $4 for each name search, as of 2010.

3. Contact the county clerk. Confirm with the county clerk in the county where your business is located that no fictitious names (sole proprietorships doing business under a different name) similar or identical to your business name are registered in the county. Fictitious names are not registered with the California Secretary of State and the name availability inquiry carried out by the California Secretary of State does not cover fictitious names.

4. Await results of the name availability search before doing business under the name. The California Secretary of State will contact you as to whether the name is available. Similarly, the county clerk will contact you with the results.

Tips & Warnings

• If a name is available, you can reserve it for up to 60 days for an additional fee.

• Name availability searches do not reserve the name for future use.

• Trademarks and service marks are not covered in the name availability searches at the Secretary of State's office or at the county clerk's office.

References

• California Secretary of State: Name Availability Inquiry Letter
• California Secetary of State: Name Availability

Resources

• California Secretary of State: Name Availability Inquiry Letter