How to See If an LLC Is Available

Business trademarks establish a legal ownership in a business name.

Trademark law prohibits the use of a business name that might be confused with that of another established business entity. You could be sued by the other business, especially if it is a competitor. Unfortunately, a business can establish a trademark simply by consistently using a name. Thus, it is necessary to conduct a thorough name search before deciding on a name for your LLC or other business entity, using online, local, state and federal search options.

Instructions

1. Type the desired name in to a search engine. This is a quick and easy way to being your search. Because you get hits back doesn't mean the name is unavailable to you, but you may wish to consider the number of hits and whether anyone else has established an online presence in a similar market using that name.

   Other free, online sources include the Thomas Register, Network Solutions and sites that enable you to search across multiple states. The Thomas Register maintains a list of unregistered trademarks, and Network Solutions maintains all registered web domains. A business that has registered your name may have an unregistered trademark on that name, even if the name doesn't show up in the Thomas Register or in other searches you conduct. Sites offered by Thomson Reuters and Corporation Service Company (CSC) allow you to conduct a free check of all 50 states for your desired business name.

2. Think of your search as a circle and start at the center, nearest you, before branching outward. The nearest place to search is your local county clerk's office. In most counties, a database of fictitious business names is maintained. (Fictitious names are those associated with entities using a DBA, or "Doing Business As" designation. This includes any business where the business name is not the same as the legal business owner's name, including corporate and LLC names.) If anyone is using your desired name, get another one. In many cases, this database can be accessed online. If your county clerk does not maintain such a database, then try at the state level.

3. Verify that no other corporation, LLC or limited partnership is using your chosen name within your state. Contact your state's corporate filing office to confirm the availability of your name; use of the same name as another corporation, LLC or limited partnership is prohibited. Each state also maintains a database, usually with the secretary of state's office, of trademarks registered within that state. Checking within multiple states may be useful if you intend to do business using that name in multiple locales.

4. Inquire with the U.S. Patent and Trademark Office which handles the registration of trademarks at the federal level. Trademarks and service marks are not required to be registered with the federal government, but doing so establishes a nationwide presumption of legal ownership of the name.

Tips & Warnings

• Choose several name options and research them simultaneously for greater efficiency.

• Avoid selecting a name that is used by a well-known business, brand or character/personality.

References

• NOLO: Make Sure Your Proposed Business Name Is Available
• FindLaw: Starting Your Own Business: Business Name Availability
• Business.gov: Business Name Registration
• United States Patent and Trademark Office: Trademark Process

Resources

• "Trademark: Legal Care for Your Business and Product Name"; Stephen R. Elias; 2007
• Network Solutions: Domain Name Search
• Thomas Register
• Thomson Compumark: Trademark Screening Services
• CSC: Trademark Searching