Business Name Trademark Search

Your Business Name and Trademark Law

Registering a business name with your state does not give you trademark rights. State business registration is administrative — it does not check for trademark conflicts and does not give you nationwide rights. A federal trademark registration does, but if someone has prior rights, they can force you to stop using the name regardless of your state filing.

Why Search Before You Register

Search before you register your LLC, order business cards, build a website, or sign a lease. Changing your business name after launch means new entity filings, new marketing, a new website, and lost brand recognition.

Business Name Availability vs. Trademark Availability

State secretary of state "availability" only checks if the exact name is registered as an entity in that state. It does not search the federal trademark register, other states, or common law use. A name "available" for state registration may already be a federally registered trademark.

Brand Name vs. Entity Name

If you use a brand name different from your registered entity name, search the brand name — that is the name consumers associate with your goods and the one most likely to conflict with existing marks.