Choosing a business name is exciting—but choosing a name and legally registering it are two different things.
Depending on your business structure and location, you may need to register your legal business name with your state, register a DBA or trade name, obtain a trademark, or register a domain name.
These registrations serve different purposes.
A name can be available in your state's business registry and still conflict with someone else's trademark. Likewise, owning a domain name doesn't give you trademark rights to the name.
If you're wondering how to register a business name, this guide explains the different types of registration, when you may need them, and what to do after your name is registered.
The 4 Ways You Can Register a Business Name
There are four important concepts to understand when it comes to business-name registration:
- Entity name
- DBA or trade name
- Trademark
- Domain name
Each serves a different purpose.
<table cellspacing="0" cellpadding="0" class="t1"><tbody><tr><td valign="middle" class="td1"><p class="p8"><b>Name registration</b></p></td><td valign="middle" class="td1"><p class="p8"><b>What it generally does</b></p></td></tr><tr><td valign="middle" class="td1"><p class="p6">Entity name</p></td><td valign="middle" class="td1"><p class="p6">Identifies your legal business entity at the state level</p></td></tr><tr><td valign="middle" class="td1"><p class="p6">DBA / trade name</p></td><td valign="middle" class="td1"><p class="p6">Allows you to operate under a name different from your legal name</p></td></tr><tr><td valign="middle" class="td1"><p class="p6">Trademark</p></td><td valign="middle" class="td1"><p class="p6">Can provide federal protection for qualifying brands, names, goods, or services</p></td></tr><tr><td valign="middle" class="td1"><p class="p6">Domain name</p></td><td valign="middle" class="td1"><p class="p6">Establishes your website address</p></td></tr></tbody></table>The SBA identifies these as legally independent registrations. You may use the same name across all four, but one registration does not automatically create the rights provided by another.
Understanding this distinction before you spend money on branding can save you a major headache later.
1. Choose Your Business Name
Before registering a name, you need to choose one.
A good business name should be:
- Easy to remember
- Easy to spell
- Appropriate for your industry
- Available for registration
- Unlikely to create trademark problems
- Suitable for your future growth
- Available as a practical domain name, if possible
Don't choose a name based solely on whether your state will allow you to register it.
A name can pass a state business-name check and still create problems if another company has trademark rights to a confusingly similar name.
2. Search Your State's Business Name Database
If you're forming an LLC or corporation, your first major check is generally your state's business-entity database.
States typically don't allow two entities to register the exact same or a sufficiently similar name when the names aren't distinguishable under that state's rules.
The terminology and requirements vary by state.
For example, the state may require an LLC name to include an appropriate designation such as:
- LLC
- L.L.C.
- Limited Liability Company
Your state's rules determine what is permitted.
Important:
State name availability is not the same as trademark availability.
The fact that your state allows you to form an LLC called "ABC Business LLC" doesn't necessarily mean you have the right to use "ABC Business" as a brand throughout the United States.
The USPTO recommends conducting a trademark clearance search before applying for federal registration because potentially conflicting marks may be similar in appearance, sound, meaning, or commercial impression.
3. Decide Whether You Need a DBA
A DBA, or "Doing Business As," is a name under which a business operates that is different from its legal name.
DBAs may also be called:
- Trade names
- Assumed names
- Fictitious business names
The terminology depends on the jurisdiction.
Example
Suppose you form:
Mountain Peak Holdings LLC
but want customers to know you as:
Mountain Peak Roofing
You may need to register Mountain Peak Roofing as a DBA or similar trade name.
DBA requirements vary by state, county, and city.
Some businesses are required to register a DBA when operating under a different name, while other jurisdictions have different rules.
Does a DBA protect your business name?
Generally, no.
A DBA registration primarily establishes that your business is operating under that name according to the applicable local or state requirements.
It does not by itself give you the broad trademark rights associated with a federal trademark registration.
That's why a DBA should not be viewed as a substitute for trademark protection.
4. Check for Trademark Conflicts
This is one of the most important steps before committing to a business name.
A trademark can protect qualifying names, phrases, logos, and other identifiers associated with goods or services.
Federal trademark protection is different from state business-name registration.
The USPTO recommends searching for potentially conflicting trademarks before applying for registration. Importantly, you shouldn't search only for an exact match. Similar names can create problems if they are confusingly similar and are used with related goods or services.
Start with the USPTO database
Search for:
- The exact business name
- Similar spellings
- Similar-sounding names
- Singular and plural variations
- Common abbreviations
- Related terms
- Similar names used for related products or services
The USPTO notes that a comprehensive trademark clearance search can involve more than simply searching its database.
For a valuable brand, consider consulting a qualified trademark attorney before investing heavily in the name.
Trademark search: USPTO Trademark Search
5. Check the Domain Name
If your business will have an online presence, check your desired domain name before committing to your business name.
Ideally, your:
Business name → Brand name → Domain name
will work together.
But they don't have to be identical.
For example, your legal business might be:
Mountain Peak Holdings LLC
while your website could use a different but related domain.
The SBA notes that domain-name registration is separate from business-name registration and trademark registration.
Why check the domain early?
Imagine spending weeks developing a brand only to discover that the domain you wanted is unavailable.
Checking the domain early can help you make a better naming decision.
6. Register Your Legal Business Name
If you're forming an LLC or corporation, you'll generally register the entity name with the appropriate state agency as part of the formation process.
For example:
Mountain Peak Roofing LLC
could be the legal name of the company.
The state generally uses that name to identify the legal entity.
The exact registration process, fees, naming requirements, and government agency vary by state. The SBA notes that most states handle business registration through a Secretary of State, Business Bureau, or similar agency.
Related resource: How to Register a Business
Related resource: How to Form an LLC
7. Register Your DBA or Trade Name If Required
If you're using a name different from your legal entity name, determine whether your state, county, or city requires a DBA or similar registration.
The filing location can vary.
Depending on where you operate, the registration may be handled by:
- Secretary of State
- County clerk
- City government
- Another state or local agency
Some jurisdictions also have publication or notice requirements.
Because DBA requirements vary significantly, always check the rules for the jurisdiction where you're doing business.
8. Understand the Difference Between a Legal Name and a Brand Name
These terms are often used interchangeably, but they're not necessarily the same.
Legal business name
The name associated with your legal entity.
Example:
Wilson Consulting LLC
DBA
The name under which the company operates publicly.
Example:
Wilson Business Advisors
Trademark
A name or other identifier that may receive trademark protection for qualifying goods or services.
Example:
WILSON BUSINESS ADVISORS™
Domain
The web address customers use to find you.
Example:
wilsonbusinessadvisors.com
These could all be different.
A strong business-name strategy considers all four.
9. Don't Assume a Business Name Is "Protected"
This is one of the biggest misconceptions about business-name registration.
You might:
- Register an LLC
- Register a DBA
- Buy a domain
- Create social-media accounts
…and still have a trademark problem.
Why?
Because each registration serves a different legal or practical purpose.
The SBA specifically explains that entity names, DBAs, trademarks, and domain names are separate forms of registration.
Think of them as four different layers of your business identity.
10. Consider Trademark Registration for an Important Brand
If your business name is going to become a significant brand, consider whether federal trademark registration makes sense.
A federal trademark can provide protections that are different from state entity-name registration or a DBA.
However, trademark registration is not automatic.
The USPTO recommends conducting a clearance search before applying.
Trademark law can also become complicated quickly.
If your business name is central to your company's value, consider professional trademark advice before filing.
Business Name Registration Checklist
Before committing to a business name, work through this checklist:
- Choose your business name
- Search your state's business registry
- Check whether the name meets your state's naming rules
- Search the USPTO trademark database
- Search for similar trademarks—not just exact matches
- Check domain availability
- Check major online platforms for brand availability
- Determine whether you need a DBA
- Register your legal entity
- Register your DBA if required
- Consider federal trademark registration
- Secure your domain
- Save your business registration documents
- Record renewal requirements
- Monitor your business name and registrations
How Much Does It Cost to Register a Business Name?
There isn't one nationwide fee.
The cost depends on what you're registering and where you're registering it.
Potential costs include:
- LLC or corporation formation fees
- DBA registration fees
- State trademark fees
- Federal trademark application fees
- Domain registration
- Legal or professional services
- Local business registrations
Some businesses may only need a basic entity registration.
Others may need several different registrations.
That's why it's useful to think of business-name registration as a process rather than a single fee.
How Long Does Business Name Registration Take?
The timeline depends on what you're registering.
A state business-name or entity filing may be completed relatively quickly, particularly in states offering online filing.
A DBA may have a different processing time.
Trademark registration is a much longer process and involves examination by the USPTO.
If you're launching a business soon, don't wait until the last minute to research your name.
The earlier you identify potential conflicts, the easier it is to change course.
What If the Business Name I Want Is Already Taken?
Don't immediately assume you need to abandon the entire concept.
You may be able to:
- Modify the name
- Use a different business name
- Use a DBA
- Choose a different brand
- Select another domain
- Rework the name to make it more distinctive
But be careful about simply adding a word to someone else's name.
If the underlying names are confusingly similar, changing "ABC" to "ABC Solutions" may not solve a potential trademark problem.
When in doubt, conduct a more thorough search before investing in branding.
Can I Register a Business Name Without an LLC?
Yes.
An LLC is not the only way to operate a business.
For example, a sole proprietor may operate under their own legal name without forming an LLC.
However, if the owner wants to operate under a different name, a DBA or similar registration may be required depending on the jurisdiction.
Business structure and business-name registration are related, but they are not the same thing.
Related resource: LLC vs. Corporation: Which Is Right for Your Business?
What Happens After You Register Your Business Name?
Registering your business name is only one step in establishing your company.
Depending on your situation, you may still need to:
- Form your LLC or corporation
- Obtain an EIN
- Register for applicable taxes
- Obtain business licenses
- Obtain permits
- Open a business bank account
- Obtain insurance
- Create an operating agreement or other internal documents
- Track annual reports
- Renew licenses
- Maintain your business's good standing
This is where many business owners move from starting the business to managing the business.
And that's where organization becomes important.
Your Business Name Is Registered. Now What?
Once your name is registered, you have a new set of responsibilities.
Your company may have recurring:
- State filings
- DBA renewals
- Business-license renewals
- Tax deadlines
- Annual reports
- Registered-agent requirements
- Other compliance obligations
Missing a deadline can create unnecessary problems even when your business was properly formed in the first place.
Keep Your Business Requirements Organized
Startup to Corporate helps business owners organize their business information and keep important compliance requirements and deadlines visible.
Instead of keeping formation documents, renewal dates, and compliance information scattered across emails, spreadsheets, and calendars, you can manage them in one place.
Start Tracking Your Business Compliance →
The Bottom Line
Registering a business name isn't just about finding an available name and filing a form.
Before committing to a name, think about four separate questions:
Can I register it with my state?
Can I legally use it as a brand?
Do I need a DBA?
Can I protect it as a trademark?
Then consider whether the appropriate domain and online presence are available.
The most important lesson is simple:
A business name being available for state registration does not necessarily mean the name is available for you to use and protect as a brand.
Do your research before you invest in signage, websites, advertising, packaging, or other branding.
And once your business is established, remember that the name is only one part of your ongoing responsibilities.
You Registered the Name. Now Stay Organized.
Startup to Corporate helps you keep track of the ongoing requirements that come with running a business.
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Frequently asked questions
Do I have to register my business name?
It depends on your business structure, the name you're using, and where you operate. If you form an LLC or corporation, you'll generally register the entity's legal name with the state. If you're operating under a different name, you may also need a DBA or similar registration.
Is registering a business name the same as getting a trademark?
No. A state business-name registration and a federal trademark serve different purposes. Registering an entity name with your state does not automatically give you federal trademark rights.
Does a DBA protect my business name?
Generally, no. A DBA allows a business to operate under an assumed or trade name according to applicable local or state requirements, but DBA registration itself generally does not provide the broad trademark protection associated with federal trademark registration.
Can two businesses have the same name?
Potentially, depending on the jurisdiction, business structures, industries, and other circumstances. A DBA, for example, may not provide exclusive rights to a name. Trademark law can also restrict confusingly similar uses even when two businesses aren't identical.
Should I trademark my business name?
Not every business needs a federal trademark. However, if your business name is an important part of your brand and you expect to invest significantly in it, trademark protection may be worth considering.
Should my LLC name be the same as my brand name?
Not necessarily. Some businesses use their legal entity name as their brand. Others operate under a DBA or trade name. The right approach depends on your business and branding strategy.
Should I buy my domain before registering my business?
It's often smart to check domain availability before committing to a business name. You don't necessarily need an identical domain, but knowing what's available can influence your naming decision.
What happens if someone trademarks my business name after I register it?
This is one reason to investigate potential trademark conflicts before investing heavily in a name. State registration does not automatically establish federal trademark rights. If you're concerned about a specific trademark situation, consult a qualified trademark attorney.
Official sources
Requirements can change. Confirm details with the relevant agency.
This guide is general information, not legal, tax, or accounting advice. Requirements vary by jurisdiction and circumstances. Read our legal disclaimer.