Picking a business name should be a creative exercise, but it usually becomes a legal one. The state where you form has an availability rule. The USPTO trademark database has an availability rule. The .com registrar has an availability rule. And Google has an opinion about which names are easier to rank for.
This guide is a practical framework for picking a name that clears all four hurdles, in the right order.
The four hurdles
- State entity availability. The name must not conflict with an existing registered entity in your formation state.
- Federal trademark availability. The name must not infringe an existing federal trademark in your category.
- Domain availability. The .com (and ideally a few related TLDs) should be available, or available to buy reasonably.
- Brand discoverability. The name should be findable in search.
Most founders check hurdle 1 (state availability) and stop. Then they discover hurdle 2 (trademark conflict) when they receive a cease and desist 18 months later.
Hurdle 1: State entity availability
Every state requires that an LLC or corporation name be distinguishable from every other registered entity in that state. "Distinguishable" usually means not identical and not so close as to be confusing.
Most state Secretary of State websites have a free name search. Use it. If the name is taken or too similar to an existing entity, you have to pick something else (or amend the name later, which is doable but adds cost and friction).
Some states allow you to reserve a name for 30 to 120 days for a small fee, while you complete formation.
Required name endings
State law requires LLCs to include "LLC", "L.L.C.", "Limited Liability Company", or similar in the name. Corporations require "Corp", "Inc.", "Co.", or "Corporation". You cannot register "Acme Stores"; you have to register "Acme Stores LLC" or "Acme Stores Inc."
Hurdle 2: Federal trademark availability
State entity availability is not the same as trademark availability. You can register "Acme Bakery LLC" in your state without any state objection, then receive a cease and desist from a different "Acme Bakery" that holds a federal trademark in baked goods.
A federal trademark search before you commit to a name is essential. Two parts:
USPTO direct-hit search
The USPTO TESS database is searchable for free. Look for direct matches and similar marks in your category. If a competitor has a federal trademark for "Acme Bakery" in International Class 30 (baked goods), and you are starting a bakery, that is a problem regardless of state availability.
Common-law search
Federal registration is not the only source of trademark rights. Common-law trademark rights exist from using a mark in commerce, even without USPTO registration. A search for the name on Google, in business directories, on Amazon, on Etsy, on Shopify, on Instagram, on LinkedIn turns up most common-law conflicts.
If you want to be safer, register the federal trademark yourself once you have validated the name. A federal registration in your category gives you nationwide exclusive rights to the name, which is the strongest position to be in.
Hurdle 3: Domain availability
The .com should ideally be available. Customers default to .com; brands without .com leak traffic to whoever owns the .com.
If the .com is taken but you really want the name, you have three options:
- Buy the .com. Most owned-but-not-used .com domains are listed on marketplaces (Dan, Sedo, GoDaddy Auctions). Prices range from $500 to $50,000+ depending on the name. For a brand you will use for decades, this is sometimes worth it.
- Use a different TLD. .co, .io, .app, .store, .shop are common alternatives. Customers in some categories (tech, e-commerce) accept these more easily than others.
- Modify the name. Add a prefix, suffix, or descriptive word. "AcmeBakery.com" might be free even if "Acme.com" is taken.
Country-code domains
If your business is primarily local, the country-code TLD (.us, .uk, .ca, .de, etc.) is a reasonable alternative.us is generally considered weaker than .com for US businesses; most other country-code TLDs are accepted in their own markets.
Hurdle 4: Brand discoverability
A name's search-discoverability depends on:
Unique enough to rank
"Bakery" is impossible to rank for. "Quail Hollow Bakery" is gettable. Common dictionary words are hard to dominate in search; combined names or coined names are easier.
Easy to spell when heard
If a customer hears the name on a podcast or in conversation, can they get to your site? Names with unusual spellings (Lyft, Sqquare) often need a phonetic spelling in interviews and marketing.
Not confused with existing brands
If your name is one letter different from a major brand, you will fight for search traffic and lose. Look at the top 10 search results for your candidate name; if they are dominated by an existing brand, pick a different name.
Trademark-strong
Generic and merely descriptive names ("Quick Plumbing" for a plumber) are weak trademarks and hard to enforce. Suggestive, arbitrary, and fanciful marks are strong (Apple for computers; Google for search). For a name you intend to build a brand around, lean strong.
A practical process
Here is how we recommend running the process.
- Brainstorm 15 to 20 candidates. Mix of descriptive (easy to understand), suggestive (memorable), and arbitrary (distinctive).
- Filter for state availability. Search each in your formation state's database. Remove conflicts.
- Filter for USPTO conflicts. Search each in TESS for your industry classes. Remove conflicts.
- Filter for common-law conflicts. Google each candidate plus your category ("acme bakery bakery"). Remove any with a strong existing brand using the name.
- Filter for .com availability. Check each. Negotiate for the .com or modify the name.
- Pick your top 3 and run them past trusted people. What does the name say? Is it easy to spell? Easy to remember?
- Lock in your top choice. Register the .com, file the LLC, file the federal trademark application.
How we help
Our free business name search (on the home page) checks state availability across all 50 states. The trademark search and clearance opinion is part of our trademark registration service. Domain registration is at cost (we are an ICANN-accredited registrar). Federal trademark registration is $249 service fee plus the USPTO filing fee.
The takeaway
A good business name clears state, trademark, domain, and discoverability hurdles. The order matters: clear trademark conflicts before you commit, because they are the most expensive to fix later.
Take an hour, run the four searches, pick a name that works on all fronts, then commit and stop second-guessing.