Checking one place isn't enough. A business name isn't truly "available" until it clears state registries, federal trademarks, domain names, social media handles, and a general web search. Skip any layer and you risk legal disputes, brand confusion, or losing your name after launch.
You've landed on the perfect business name. It's short, memorable, rolls off the tongue. Before you print business cards, there's a problem most founders don't think about until it's too late: that name might already belong to someone else.
Not just as a domain. Not just on Instagram. In places you haven't thought to look.
Every year, thousands of businesses launch with names that collide with existing trademarks, registered entities, or established brands. The consequences range from a sternly worded cease-and-desist letter to a full rebrand six months in - after you've already spent money on logos, marketing, and customer trust.
This guide walks you through every layer of availability checking, in the right order.
Why Checking One Place Isn't Enough
Most people check if their .com is available and call it a day. That's a dangerous shortcut. Here's what a partial check misses:
- State business registries - Someone could already operate under that name in your state, even without a website.
- Federal trademarks - A registered trademark gives someone exclusive rights to a name in their industry, regardless of whether they have the domain.
- Common-law trademarks - Businesses can have trademark rights just from using a name commercially, even without registration.
- Social media handles - If @yourbrand is taken on every platform, your marketing starts with a handicap.
- Web presence - Another business might be actively using the name with strong SEO, making it nearly impossible for you to rank.
The only way to know a name is truly available is to check all of these layers. Here's how to do it systematically.
Step 1: Search Your State's Business Entity Registry
Every state maintains a database of registered business entities - LLCs, corporations, partnerships, and DBAs (doing business as). This is your first stop because operating under a name that's already registered in your state can create immediate legal problems.
How to do it:
- Visit your state's Secretary of State website (most have an online business name search tool)
- Search for your exact name and close variations
- Check for DBAs and assumed names, not just formal entity registrations
- If you plan to operate in multiple states, search each one
The SBA's state-by-state directory links to every state's business name search tool. Bookmark it - you'll use it more than once during the naming process.
What to watch for: A name doesn't need to be an exact match to cause problems. "BrightPath Consulting" and "BrightPath Solutions" in the same state could trigger a rejection when you try to register.
Step 2: Run a Federal Trademark Search
State availability doesn't protect you from federal trademark claims. If someone holds a registered trademark on your name (or something confusingly similar) in a related industry, they can force you to stop using it - nationwide.
How to do it:
- Search the USPTO's trademark database for exact matches
- Search for phonetically similar names (e.g., "Klear" vs "Clear")
- Check the trademark class - a name trademarked for clothing (Class 25) won't block you from using it for software (Class 9), but overlapping classes are common
- Look at both live and pending trademarks
Don't ignore "dead" trademarks that were abandoned recently. The previous owner may still have common-law rights, especially if they're still actively using the name in commerce. When in doubt, consult a trademark attorney before proceeding.
Understanding trademark classes: Trademarks are registered under specific categories called Nice Classification classes. The most relevant for tech and online businesses are:
| Class | Category | Examples |
|---|---|---|
| Class 9 | Software & electronics | Apps, SaaS platforms, downloads |
| Class 35 | Advertising & business services | Marketing agencies, consulting |
| Class 38 | Telecommunications | Messaging, streaming services |
| Class 41 | Education & entertainment | Online courses, media platforms |
| Class 42 | Technology services | Web hosting, cloud computing, IT |
Step 3: Check Domain Availability Across Extensions
This is where most founders start - and where most stop. But domain checking itself has layers. A single-method check can miss parked domains, expired-but-held domains, or domains in redemption periods.
What to check:
- Your exact name as a .com (the gold standard)
- Alternative extensions: .io, .co, .app, .dev, .ai, .tech
- Common variations: get[name].com, [name]hq.com, try[name].com
Don't assume a parked page means the domain is for sale. Many domain squatters register names and never develop them, hoping to sell at inflated prices. Check WHOIS data to understand the registration status.
NameSniper's domain checker uses a 3-tier verification system - DNS lookup, WHOIS query, and registrar API - to give you 99%+ accuracy across 20+ domain extensions in a single search. No more checking one extension at a time.
Step 4: Verify Social Media Handle Availability
Your brand name needs to work as a handle on every major platform. Inconsistent handles fragment your brand identity and make it harder for customers to find you.
Platforms to check (in priority order):
- Instagram - Visual branding cornerstone
- X (Twitter) - Public conversation and customer service
- TikTok - Fastest-growing discovery platform
- YouTube - Long-form content and tutorials
- LinkedIn - B2B credibility
- Reddit - Community building
- GitHub - Essential for developer-facing products
- Telegram, Threads, Pinterest, Snapchat - Depending on your audience
What if your handle is taken on some platforms? Don't panic. Read our social media username strategy guide for proven approaches - professional prefixes (get, try, use), suffixes (hq, app, official), and when it's worth reaching out to inactive account holders.
Step 5: Search the Open Web
This step catches what databases miss. A business can operate under a name for years without registering a trademark, incorporating formally, or building a website. These "common-law" uses still carry legal weight.
Where to look:
- Google - Search your exact name in quotes:
"yourbrandname". Check the first 3 pages. - Google Maps - Local businesses often operate under informal names.
- Amazon and app stores - Products and apps using your name create marketplace confusion.
- Yelp and business directories - Small businesses that never built a website still appear here.
- Industry-specific platforms - ProductHunt, Crunchbase, AngelList for tech startups.
Search for your name with AND without a space. "BrightPath" and "Bright Path" are different searches that surface different results. Also try common misspellings - if your brand sounds like an existing one, customers will confuse them.
Step 6: Check International Databases
If you have any plans to operate internationally - or if your business is online (which means it's inherently global) - you should check international trademark databases.
Key resources:
- WIPO Global Brand Database - Searches trademarks across 70+ national and international collections
- EU Intellectual Property Office (EUIPO) - European Union trademarks
- Canadian Intellectual Property Office - Canadian trademarks
You don't necessarily need to register trademarks in every country, but you need to know if a major player in your industry already owns the name in key markets.
Step 7: Make Your Decision and Move Fast
You've done the research. Your name clears every layer. Now act on it - today, not next week.
Secure everything at once:
Register your domain
Lock in your .com (and defensive extensions like .co, .io, .net) through a reputable registrar like Namecheap, Cloudflare, or Porkbun. Enable auto-renewal immediately.
Claim social media handles
Register your handle on all major platforms, even those you won't use immediately. Set up a basic profile with your logo and a 'coming soon' message. This prevents squatters.
File your state business registration
Register your LLC or corporation to formally claim the name in your state.
Consider a trademark application
If the name is core to your long-term brand, file a federal trademark application through the USPTO. This gives you nationwide protection.
Document everything
Screenshot your registrations, save confirmation emails, and note the dates. This paper trail matters if anyone ever challenges your right to the name.
What to Do If Your Name Is Already Taken
Finding out your dream name is taken is frustrating, but it's far better to discover it now than after launch. Here are your options:
If it's taken as a trademark in your industry: Walk away. This is the one scenario with no workaround. Using a trademarked name in the same class of goods or services exposes you to lawsuits, injunctions, and damages.
If the domain is taken but nothing else: Consider a name modification - prefixes like "get" or "try," or an alternative extension. Many successful startups launched on .io or .app and later acquired their .com.
If social handles are taken by inactive accounts: Most platforms have policies for reclaiming inactive or squatted usernames. Twitter, Instagram, and TikTok all have trademark-based reclaim processes.
If you find a small business using the name in a different industry: This is a gray area. Consult a trademark attorney to understand the risk. Operating in completely different markets reduces (but doesn't eliminate) the chance of conflict.
Check Your Business Name Across Everything
NameSniper checks domains (20+ extensions), social media handles (16 platforms), and trademark conflicts in a single search. Know if your name is truly available before you commit.
The Bottom Line
A business name isn't available until it's available everywhere that matters. The 30 minutes you spend running through this checklist can save you months of legal headaches, thousands in rebranding costs, and the immeasurable pain of losing a name your customers already know.
Check thoroughly. Move quickly. Secure everything at once.