Can you use a company name that is already taken?

Trademarked names are registered with the U.S. Patent and Trademark Office (USPTO) and are protected nationally. If a business name is already trademarked, you are prohibited from using it even if the company operates in a different state to yours.

How do I make sure no one has my business name?

To be sure no one improperly uses your business’s name or branding, you need to obtain a trademark. To do so, you’ll need to file an application with the United States Patent and Trademark Office (USPTO). Filing an application does not automatically mean your trademark will be approved.

Can I name my LLC any other name I want?

No, most states have restrictions on what an LLC can be named, it cannot include words that could confuse your LLC with a government agency and other restricted words may require more paperwork. Read our guide on naming an LLC for more information and links to naming restrictions in your state.

Can a company have a registered trademark but operate under a name?

Additionally someone could have a registered trademark, but operating under a fictitious name, which isn’t easy to research registration. State law says that the entity name cannot be identical or “confusingly similar” to the name of any other LLC, Limited Partnership, or Corporation in your state.

Is my business name taken before I Register?

Is my business name taken? Before registering an LLC, a name will have to be searched to see if it is available. Every LLC has to have a name that no other registered businesses are using. Most states allow for the reservation of a name before filing the LLC paperwork for a small fee.

Can I Reservation a name before I register an LLC?

Before registering an LLC, a name will have to be searched to see if it is available. Every LLC has to have a name that no other registered businesses are using. Most states allow for the reservation of a name before filing the LLC paperwork for a small fee.