How to Register Business Name

Registering your business name is one of the most foundational steps in launching a legitimate, scalable, and legally protected enterprise. Whether you're launching a local bakery, a freelance design studio, or a tech startup with global ambitions, securing your business name ensures that your brand identity is recognized, respected, and legally yours. Without proper registration, you risk legal disputes, loss of customer trust, and even forced rebranding — costly consequences that can derail even the most promising ventures.

This guide provides a comprehensive, step-by-step walkthrough of how to register a business name in the United States, with insights applicable to international entrepreneurs seeking to understand core principles. We’ll cover legal structures, state and federal requirements, trademark considerations, and practical tools to streamline the process. By the end of this tutorial, you’ll have a clear, actionable roadmap to legally establish your business name and protect your brand from day one.

Step-by-Step Guide

Step 1: Determine Your Business Structure

Before you register your business name, you must decide how your business will be legally structured. The structure you choose impacts your liability, taxes, and the registration process. Common structures include:

• Sole Proprietorship — The simplest form, where you and your business are legally the same entity. You can operate under your personal name or a fictitious name (DBA).
• Partnership — Two or more people share ownership. General partnerships and limited partnerships have different registration requirements.
• Limited Liability Company (LLC) — Offers personal liability protection and flexible taxation. Requires formal registration with the state.
• Corporation (C-Corp or S-Corp) — A separate legal entity with more complex governance and tax rules. Requires articles of incorporation and bylaws.

Your business structure determines where and how you register your name. Sole proprietors and partnerships typically file a DBA (Doing Business As), while LLCs and corporations register their legal name during formation.

Step 2: Conduct a Business Name Search

Choosing a unique name is critical. A name that’s already in use — even in another state or industry — can lead to legal conflict, customer confusion, or rejection by state authorities. Start by conducting a thorough search using these resources:

• State Business Entity Databases — Visit your state’s Secretary of State website and use their business name search tool. For example, California’s business search portal (bizfileOnline.sos.ca.gov) allows you to check name availability.
• USPTO Trademark Database — Use the Trademark Electronic Search System (TESS) at uspto.gov/trademarks/search to ensure your name isn’t trademarked federally.
• Domain Name Availability — Check if your desired .com (or relevant domain) is available using tools like Namecheap or GoDaddy. A matching domain enhances online credibility.
• Social Media Handles — Search platforms like Instagram, Facebook, Twitter (X), and LinkedIn to ensure your name isn’t taken. Consistency across platforms strengthens branding.

Tip: Avoid names that are too similar to competitors. Even if not legally identical, consumer confusion can trigger cease-and-desist letters or lawsuits.

Step 3: Choose a Name That Complies with State Rules

Each state has specific naming requirements. Common restrictions include:

• Prohibition of words like “Bank,” “Insurance,” or “University” unless licensed.
• Requirement to include a legal designator: “LLC,” “Inc.,” “Corp.,” or “L.P.” for formal entities.
• Prohibition of misleading terms — e.g., “Government,” “FBI,” or “FDA” unless authorized.
• Restrictions on using personal names if they imply affiliation with a public figure or existing business.

Always review your state’s official guidelines. For example, New York requires LLCs to include “Limited Liability Company” or the abbreviation “LLC.” Texas prohibits names that suggest a business is engaged in banking unless it holds a state charter.

Step 4: Register Your Business Name with the State

The process varies depending on your business structure:

For LLCs and Corporations

If you’re forming an LLC or corporation, your business name is registered when you file your formation documents:

• Articles of Organization (for LLCs)
• Articles of Incorporation (for corporations)

These documents are filed with your state’s Secretary of State office, either online or by mail. Filing fees range from $40 to $500 depending on the state. You’ll typically need to provide:

• Proposed business name
• Registered agent name and address
• Business purpose (often general, e.g., “any lawful activity”)
• Names and addresses of organizers or incorporators

Once approved, your business name is officially reserved within that state. You’ll receive a certificate of formation or similar documentation.

For Sole Proprietors and Partnerships (Filing a DBA)

If you’re operating under a name different from your legal name, you must file a “Doing Business As” (DBA), also known as a fictitious business name or trade name.

DBA registration is typically done at the county or state level:

• In many states (e.g., Florida, Illinois), you file with the county clerk’s office.
• In others (e.g., California, Texas), you file with the state and sometimes also with the county.

Required documents often include:

• Completed DBA application form
• Proof of identity
• Filing fee (usually $10–$100)

Some jurisdictions require you to publish your DBA in a local newspaper for several weeks. This public notice requirement varies — check your local rules.

Step 5: Obtain an Employer Identification Number (EIN)

Even if you don’t have employees, an EIN (also known as a Federal Tax ID) is essential for opening a business bank account, filing taxes, and applying for business licenses. You can apply for an EIN for free directly through the IRS website (irs.gov/ein).

The application is simple and immediate:

• Provide your legal name and SSN or ITIN
• Enter your business structure and address
• State the reason for applying (e.g., “opening a bank account”)

Upon submission, you’ll receive your EIN instantly. Keep this number secure — it’s your business’s tax identifier.

Step 6: Register for State and Local Taxes

Depending on your business activities, you may need to register for state taxes such as:

• Sales Tax Permit — Required if you sell tangible goods or certain services.
• Employer Withholding Tax — If you hire employees.
• Unemployment Insurance Tax — Mandatory in most states for employers.

Visit your state’s department of revenue website to complete registrations. For example, in New York, you’ll use the NYS Department of Taxation and Finance’s Business Express portal. In Texas, use the Comptroller’s online system.

Step 7: Apply for a Federal Trademark (Optional but Recommended)

State registration protects your name only within that state. To secure nationwide protection, file a trademark application with the United States Patent and Trademark Office (USPTO).

Trademark registration:

• Prevents others from using a confusingly similar name across the U.S.
• Provides legal presumption of ownership
• Allows you to use the ® symbol
• Enables customs enforcement against counterfeit goods

Steps to file:

1. Conduct a comprehensive trademark search using TESS.
2. Identify the correct class of goods/services (USPTO has 45 classes).
3. Prepare a specimen showing use in commerce (e.g., product label, website screenshot).
4. Submit application online via TEAS (Trademark Electronic Application System).
5. Pay the filing fee ($250–$350 per class).

Processing time: 6–12 months. You may receive an office action requiring clarification — respond promptly to avoid abandonment.

Step 8: Secure Domain and Social Media Handles

Even after legal registration, your brand’s digital presence must align with your business name. Register your primary domain (e.g., yourbusinessname.com) and claim social media profiles immediately, even if you’re not ready to build the site yet.

Use tools like Namechk or KnowEm to check availability across 50+ platforms at once. Purchase variations (e.g., .co, .net, .io) to prevent cybersquatting.

Step 9: Update Business Licenses and Permits

Many industries require specific licenses. For example:

• Food service: Health department permit
• Contracting: State contractor’s license
• Childcare: Licensing from Department of Social Services

Check your city and county government websites for local requirements. Some jurisdictions require your registered business name to appear on all license applications.

Step 10: Maintain Compliance and Renewals

Registration isn’t a one-time task. Most states require annual or biennial reports to keep your business active. Failure to file can result in administrative dissolution — meaning your business name becomes available to others.

• LLCs and corporations: File an Annual Report (fee varies by state).
• DBAs: Often expire after 5 years and must be renewed.
• Trademarks: Must be renewed between years 5–6 and every 10 years thereafter.

Set calendar reminders or use a business compliance service to avoid lapses.

Best Practices

Choose a Name That’s Memorable and Scalable

Avoid overly literal names like “John’s Plumbing Services.” While descriptive, they limit future growth. Instead, opt for names that evoke emotion, values, or innovation — think “Tesla,” “Slack,” or “Airbnb.” These names are unique, trademarkable, and adaptable to new product lines.

Avoid Trademark Conflicts from the Start

Never assume a name is safe just because it’s not registered in your state. A business in another state may hold a federal trademark. Use TESS before committing to any name. Consider hiring a trademark attorney for high-value brands.

Use Consistent Branding Across All Platforms

Ensure your business name appears identically on your website, invoices, social media, signage, and packaging. Inconsistencies (e.g., “Bloom & Co.” vs. “Bloom and Company”) dilute brand recognition and confuse customers and search engines.

Document Everything

Keep copies of all filings, receipts, certificates, and correspondence. Store digital and physical backups. These documents may be required for bank loans, investor due diligence, or legal disputes.

Consider International Expansion Early

If you plan to sell globally, check name availability in key markets. Trademark laws vary by country. Use WIPO’s Madrid System to file international trademarks efficiently.

Don’t Skip the DBA if You’re a Sole Proprietor

Operating under “Jane Smith Designs” without a DBA may seem harmless, but it can complicate banking, contracts, and tax reporting. A DBA legally connects your personal identity to your business brand.

Use a Professional Email Address

Once registered, create a professional email like info@yourbusinessname.com — not your personal Gmail. This builds credibility and ensures continuity if you hire staff or outsource services.

Tools and Resources

State Government Portals

Each state has an official portal for business registration. Here are key links:

• California: sos.ca.gov/business
• Texas: sos.texas.gov/corp
• New York: dos.ny.gov/corps
• Florida: dos.myflorida.com/sunbiz
• Illinois: ilsos.gov/corporations

USPTO Trademark Search (TESS)

Free, official database to search existing trademarks: tmsearch.uspto.gov

IRS EIN Application

Apply for your free EIN: irs.gov/ein

Domain and Social Media Checkers

• Namechk.com — Checks domain and social handle availability in one search.
• GoDaddy.com — Domain registration and website builder.
• Namecheap.com — Affordable domains and privacy protection.

Business Name Generators

Stuck for ideas? Try these tools:

• Namelix — AI-powered name generator using brandable keywords.
• Business Name Generator — Filters by industry and style.
• Shopify’s Generator — Great for e-commerce.

Legal and Compliance Services

For entrepreneurs who prefer guided assistance:

• Incfile — LLC formation and DBA filing service.
• LegalZoom — Comprehensive business setup including trademark filing.
• Wyoming LLC — Popular for low fees and privacy.

These services charge $50–$300+ but save time and reduce errors. Always compare fees with direct state filings.

Accounting and Compliance Software

Once registered, manage your business efficiently with:

• QuickBooks — Invoicing, payroll, tax tracking.
• Zoho Books — Affordable accounting for small businesses.
• Bench — Bookkeeping as a service.

Real Examples

Example 1: Local Coffee Shop — “Brew & Bloom”

A entrepreneur in Portland, Oregon, wanted to open a café with a floral theme. She followed these steps:

• Researched state database — “Brew & Bloom” was available as an LLC name.
• Checked USPTO — No conflicts in food service class.
• Registered “Brew & Bloom LLC” with Oregon Secretary of State ($50 fee).
• Obtained EIN from IRS.
• Filed for a DBA since she wanted to operate under “Brew & Bloom Café” for signage.
• Purchased brewandbloom.com and secured Instagram and Facebook handles.
• Applied for a food service permit and sales tax license.
• Filed trademark application for “Brew & Bloom” with USPTO ($250).

Three months later, she opened her doors. Her trademark application was approved 11 months later, giving her nationwide protection. Her consistent branding helped her rank

1 in local Google searches within six months.

Example 2: Freelance Graphic Designer — “Luna Creative Co.”

A designer in Atlanta operated as a sole proprietor under her name, “Maria Lopez Design.” She later rebranded to “Luna Creative Co.” to appeal to corporate clients.

• Search confirmed no conflicts in Georgia or federal trademark database.
• Filed DBA with Fulton County Clerk ($35).
• Published notice in The Atlanta Journal-Constitution (required by county).
• Registered lunacreativeco.com and all social handles.
• Updated invoices, contracts, and email signature.

Within a year, she doubled her client base. She later filed for a federal trademark to protect her brand as she expanded into digital product sales.

Example 3: Tech Startup — “Nexora AI”

A startup team in Austin developed an AI-powered CRM tool. Their process:

• Formed a Delaware C-Corp (popular for startups due to investor familiarity).
• Registered “Nexora AI, Inc.” with Delaware Division of Corporations.
• Applied for EIN and opened a business bank account.
• Secured nexora.ai and nexoraai.com (the .ai domain cost $1,200).
• Filed international trademark applications via WIPO for EU, Canada, and Australia.
• Used legal counsel to ensure compliance with data privacy laws (GDPR, CCPA).

They raised seed funding within 8 months. Their trademarked name became a key asset in investor pitches.

FAQs

Can I register a business name without forming an LLC or corporation?

Yes. Sole proprietors and partnerships can register a DBA (Doing Business As) to operate under a trade name without forming a formal entity. This is the most common route for freelancers and small local businesses.

How much does it cost to register a business name?

Costs vary widely:

• DBA filing: $10–$100 (county/state)
• LLC formation: $40–$500 (state filing fee)
• Corporation formation: $100–$800
• Trademark application: $250–$350 per class
• Domain registration: $10–$50/year
• Publication requirements (DBA): $50–$500

Total cost for a basic LLC + DBA + trademark: $500–$1,200.

How long does it take to register a business name?

Timeline depends on the process:

• DBA filing: 1–3 weeks (including publication if required)
• LLC/Corporation formation: 1–3 weeks (expedited options available for extra fee)
• Trademark approval: 6–12 months
• EIN: Immediate (online application)

Can two businesses have the same name?

Yes — but only if they operate in different states and industries. However, if one holds a federal trademark, the other cannot use the same or similar name in any industry that causes consumer confusion. Trademark law prioritizes protection over geographic separation.

Do I need a lawyer to register my business name?

No — most registrations can be completed independently using state and federal websites. However, if you’re filing a trademark, operating in a regulated industry, or planning to raise capital, legal advice is strongly recommended to avoid costly mistakes.

What happens if I don’t register my business name?

You risk:

• Being forced to stop using your name if someone else registers it later
• Difficulty opening a business bank account
• Rejection of loan applications
• Legal action from trademark holders
• Loss of brand equity if you must rebrand later

Can I change my business name after registration?

Yes. You can amend your LLC/corporation name by filing Articles of Amendment with your state. For DBAs, you file a new DBA and cancel the old one. Update all licenses, contracts, and digital assets after the change.

Is registering a business name the same as getting a trademark?

No. State registration (LLC/DBA) only protects your name within that state and doesn’t prevent others from using it elsewhere. A federal trademark protects your name nationwide and across industries where confusion could occur. Trademark registration is a separate, additional step.

What if my desired domain name is taken?

Try variations: add “get,” “my,” “the,” or use a different TLD (.co, .io, .store). Avoid hyphens and numbers. If the domain is owned by a squatter, you may be able to purchase it through a broker or legal dispute (UDRP) if they’re violating trademark rights.

Conclusion

Registering your business name is not a bureaucratic formality — it’s a strategic investment in your brand’s future. It establishes legitimacy, protects your identity, and lays the foundation for growth, funding, and customer trust. The process may seem complex, but by following this step-by-step guide — from name research and state filings to trademark protection and digital consistency — you ensure your business starts on solid legal ground.

Remember: a registered name is more than a label. It’s the first symbol of your brand’s promise to customers. Whether you’re a solopreneur launching a side hustle or a founder building a tech empire, taking the time to register properly now saves you from costly rebranding, legal battles, and lost opportunities later.

Start today. Research your name. File your paperwork. Secure your domain. Protect your trademark. Your future customers are searching for you — make sure they find the real you.