Registering a Business Name: What You Need to Know
Your business name is how customers find you, remember you, and decide to trust you. Without one, you have no way to operate or attract customers. This guide is for small business owners and founders forming a new entity — it walks through choosing a name, checking that it’s available, registering it with your state or the federal government, and protecting it from being used by someone else.
As you form your new entity, take the process of choosing, registering, and protecting your business name seriously. How do you select a name that reflects what your entity is about? And how do you register it to prevent others from copying it?
How to Register a Business Name
The process you follow to register a business name depends on your business structure, location, and the degree of protection you need. This post looks at what to keep in mind when choosing and registering a business name.
Tips for Choosing a Business Name
Before registering your business name, take some time to find one that communicates what your entity offers. Sit down with your co-founders or partners and brainstorm business names. You’ll live with this name for years, so don’t rush the selection process.
Your goal during this time should be to gather as many names as possible. Afterward, begin ruling them out one by one based on factors such as preference, scalability, and simplicity. Don’t approve or shoot down any names during the brainstorming process, no matter how bad they may sound. See how to choose a business name for more tips.
How to Conduct a Name Search
Once you find a business name you like, your next task is to make sure it’s available to use. Most states won’t let you register a name already in use by another business. Search social media and search engines to check if another business is already using it.
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You can also search on your state’s Secretary of State website. Most offer a name search tool that lets you check whether a business name is already registered. Alternatively, you can search the USPTO (United States Patent and Trademark Office) database to see if another entity is using a similar name.
Ways to Register a Business Name
Let’s say you select a good business name and no other entity uses it. You’ll need to register it with your state to safeguard it and operate under it.
There are four ways to register a business name, depending on your business structure, location, and purpose. Let’s look at them one by one:
Entity Registration
One way to register your business name is by registering your entity with the state. You can register as a corporation, LLC, or limited partnership.
Entity registration protects your business name at the state level. No other organization in your state can register under your business name — though they may register under it in another state.
The entity registration process depends on your state and your chosen business structure. For a corporation, you’ll need to file articles of incorporation, appoint a board of directors, and create corporate bylaws, among other requirements. An LLC, by contrast, calls for articles of organization.
DBA (Doing Business As)
You can also register your business name as a DBA if you operate under a trade or fictitious name — one that doesn’t contain any of the owner’s names.
DBA registration doesn’t offer any legal protection. Most states require you to register as a DBA if you use a trade name and operate under certain structures, such as a sole proprietorship or general partnership.
You should also register a DBA if you conduct business under a name different from the one you used to register with the state. For example, say you run an LLC called Lexicorp Consultancy Limited. If you want to do business as Lexi Consultants, you’ll need to file for a DBA.
You can register a DBA through your state’s Secretary of State website or your local city or county clerk’s office. Requirements vary by state, so check with yours before registering.
Domain Name
Registering a domain name doesn’t prevent other entities from registering your business name in your state. It does, however, prevent them from using your domain name to open a website. This method helps protect your business name online.
Another advantage of registering a domain name is that you don’t have to use your DBA or legal business name. For instance, if your legal business name is Lexicorp Consultants Limited, you can register your domain as lexiconsultants.com or consultantsatlexicorp.com — there are no limitations.
Trademark
A trademark protects your business name at the federal level. It isn’t required by any state, but once granted, no other business in the United States can register under that name or use it for business purposes.
The process to trademark your business name is straightforward. You can apply online through the USPTO (United States Patent and Trademark Office). Here is the process to follow when trademarking your entity’s name:
1. Search
The first step is to search for your business name on the USPTO’s database to make sure it isn’t already registered as a trademark. The USPTO retired its old TESS search tool in 2023 — search instead on the current system, Trademark Search, at tmsearch.uspto.gov.
Your trademark application might get rejected if your name is the same as, or similar to, another mark already in the USPTO’s federal database.
2. Apply for a Trademark
Now let’s assume your business name isn’t similar to any other in the USPTO’s database. You can proceed to apply for a trademark. Here’s the information required for your application:
- Applicant’s name and address
- Applicant’s legal address and citizenship
- The desired trademark
- Description of the mark
- An example of the mark being used and the date of first use in business
- Your dated signature
- The mark’s category of services or goods
3. File
As of January 2025, the USPTO retired the old two-tier TEAS Plus and TEAS Standard filing system. All trademark applications now go through a single platform called Trademark Center, with one base fee of $350 per class of goods or services. That base fee applies if you use the USPTO’s pre-approved ID Manual language and provide all required information; leaving out details or writing a custom description can add $100 to $200 per class in surcharges.
After you submit your application, the USPTO will issue you a confirmation receipt and serial number. You can use that number to check your application’s status in the TSDR (Trademark Status & Document Retrieval) portal.
How to Reserve a Business Name
If you choose a business name but aren’t ready to register it yet, you can reserve it for a short period. Name reservation prevents other entities from registering under that name while you get ready to register your own. It establishes your intent to use that name once you do register.
The timeframe for reserving a business name varies by state. In California, you can reserve it for 60 days. In New Jersey, it’s 120 days.
To reserve your business name, you first need confirmation from your state’s Secretary of State that the name is available. You can’t reserve a business name already in use by another entity in your state.
Other Tips for Securing Your Business Name
Even before you register or reserve your business name, there are things you can do to discourage other people from using it. These steps only minimize the chances that someone registers your business name — they don’t prevent it.
Open Social Media Profiles
You can open social media accounts under your business name to minimize the chances of someone else using it. Most people check search engines and social media to see if a business name they want is available, and will often choose another name if they see you’re already using it.
As you open your social media accounts, give people the impression that your pages are active. Follow other users, post occasionally, and like or comment on other people’s posts. You can also start promoting your business if your goal is to register and grow it.
Conclusion
When starting a business, one of the first steps is choosing a name for your entity. Select a unique, memorable name that reflects what your entity offers.
There are four ways to register a business name: as an entity with your state, as a DBA, as a domain name, or as a trademark. The method you choose depends on your business structure, the degree of protection you want, and your purpose for registering.
You can also reserve your business name for a short period if you’re not ready to register yet. The reservation fee and timeframe vary by state, so check with your Secretary of State. To further minimize the chances of someone else using your business name, consider opening social media accounts or registering a domain name.
Key Points and Facts About Registering a Business Name
- There are four main ways to register a business name: entity registration, DBA, domain name registration, and federal trademark.
- Entity registration protects your name at the state level; a DBA offers no legal protection on its own.
- A federal trademark, filed through the USPTO’s Trademark Center, currently costs a base fee of $350 per class, with surcharges of $100–$200 per class for incomplete or non-standard filings.
- You can search existing federal trademarks using the USPTO’s Trademark Search system at tmsearch.uspto.gov.
- Name reservation periods vary by state — for example, 60 days in California and 120 days in New Jersey.
Action Steps for Registering a Business Name
Choose Your Name
- Brainstorm names with co-founders or partners without ruling any out early.
- Narrow the list based on preference, scalability, and simplicity.
Check Availability
- Search social media and search engines for existing use.
- Search your state’s Secretary of State database.
- Search the USPTO’s Trademark Search system for existing federal trademarks.
Register or Reserve
- Register as an entity, DBA, domain name, or trademark based on your needs.
- If you’re not ready to register, reserve the name with your state’s Secretary of State.
Protect It Further
- Register your domain name.
- Open social media accounts under your business name and keep them active.
Checklist for Registering a Business Name
- Brainstorm and shortlist names
- Involve co-founders or partners
- Narrow based on preference, scalability, simplicity
- Search for availability
- Social media and search engines
- State Secretary of State database
- USPTO Trademark Search (tmsearch.uspto.gov)
- Choose a registration method
- Entity registration, DBA, domain name, or trademark
- File your registration or reservation
- With your state’s Secretary of State, or the USPTO for a trademark
- Secure your name online
- Register your domain name
- Open and maintain social media profiles
FAQ: Registering a Business Name
Does registering my business name with the state protect it everywhere?
- No. Entity registration only protects your name within that state. A federal trademark is what protects your name nationwide.
How much does it cost to trademark a business name?
- The USPTO’s base application fee is $350 per class of goods or services, filed through Trademark Center. Incomplete filings or custom descriptions can add $100–$200 per class in surcharges.
How long can I reserve a business name before registering it?
- It depends on your state. California allows 60 days; New Jersey allows 120 days. Check your state’s Secretary of State site for your state’s rules.
Does a DBA protect my business name from being used by others?
- No. A DBA lets you legally operate under a trade name, but it doesn’t stop another business from using that name.
References:
- USPTO — Checking the status of a trademark application or registration
- USPTO — Search our trademark database (Trademark Search)
- USPTO — Trademark Center: a new way to apply to register your trademark
- Forms Legal — How Much Does Trademark Registration Cost in the United States? (2026)
- California Secretary of State — Name Reservations
- New Jersey Division of Revenue — Application for Reservation of Name