Four names, four registers
The US Small Business Administration (SBA) describes four ways a business name can be registered, each protecting something different and each legally independent of the others:
| Registration | What it protects | Where to check |
|---|---|---|
| Entity name | The name at state level; most states refuse a name another entity already holds | Your state's business registration office (US); Companies House (UK) |
| Trademark | The name, goods and services nationally, against similar names in the same or a similar industry | USPTO Trademark Search (US); WIPO Global Brand Database and national offices elsewhere |
| DBA (trade name) | Nothing by itself, but most states require it if you trade under another name | State, county or city office |
| Domain name | The web address, for as long as you keep paying for it | Any accredited registrar; WHOIS or RDAP for the current holder |
That independence cuts both ways. Registering a company called Plum Technology does not stop a trademark owner from objecting, and owning plumtechnology.com does not give you any right to the name. So the order of checks matters: trademark first, because it is the one that can force a rename later; then the company register, the domain and the handles.
Check 1: the trademark database
In the US, search the USPTO's Trademark Search system before you apply or invest in a name. The test is not whether the exact name exists. The USPTO calls the most common reason for refusing a registration "likelihood of confusion": a mark that is confusingly similar to an existing one, used for related goods or services. Its guidance spells out both halves:
- Similar marks. Marks do not have to be identical. They can be similar in sound (T. Markey and Tee Marquee, pronounced the same), in appearance, in meaning or in overall commercial impression, such as sharing the same dominant design element.
- Related goods or services. Related means identical, similar or competitive, used together, bought by the same purchasers, advertised together or sold by the same maker. T-shirts and pants are related to hats; banking is related to mortgage lending; t-shirts are related to an online clothing store.
The flip side is the USPTO's own example of coexistence: identical marks owned by different parties can both be registered when the goods are unrelated, such as soap and ice cream bars. So search the name, then its sound-alikes and spellings, and look at what each hit is registered for. A hit in your own industry is a stop sign; a hit in an unrelated one is a question for a trademark attorney, not an automatic no.
Outside the US, the World Intellectual Property Organization's Global Brand Database covers international registrations under the Madrid System plus trademarks from participating national and regional offices, searchable by keyword, by goods and services and by image. National offices such as the EU's EUIPO and the UK's IPO run their own searches as well; use the one for every market you plan to sell in.
Check 2: the company register
In the US this is the business entity search of the state where you will register, usually on the Secretary of State's website; the SBA advises checking with your state for its rules. In the UK, Companies House runs a name availability checker. Its guidance explains the two tests behind it. A name is the "same as" an existing one when the only differences are words and characters the rules disregard, such as Limited or LTD at the end, a leading "the" and certain punctuation and symbols; its example is that PLUM TECHNOLOGY LTD counts as the same as PLUM TECHNOLOGY & COMPANY LTD, and a company cannot register a name that is the same as one already on the index. A name can also be "too like" an existing one if it differs by only a few characters or looks and sounds the same, and Companies House can order a company to change such a name. Some words need the Secretary of State's approval before they can be used at all.
Two things the register does not do. It does not check trademarks, which Companies House says you should check separately, and it says nothing about other countries. A name that is free at Companies House can still be a registered trademark in the EU.
Check 3: the domain
A domain is first come, first served: the SBA puts it as once you register it, no one else can use it for as long as you continue to own it. Search for the name at any registrar, and if it is taken, run a WHOIS lookup to see when it was registered and whether it has name servers at all. A DNS lookup tells you whether the domain actually points at a website or mail server; a domain with no records may be parked or forgotten, while one with mail records is in use. Check the spelling your customers will type: the slug generator turns a name with spaces, accents or ampersands into the plain lowercase form a domain needs, and that form is what to search for. The domain name generator checks many variants and extensions at once when the obvious one is gone.
Check 4: the social handles
There is no registry for handles and no legal right to them, which is exactly why they go first. On each platform you plan to use, search for the exact spelling, then the no-space, underscore and dotted variants, and note which are free. A handle that is taken by an active account in your industry is a practical problem even when the trademark search is clean, because your customers will find them instead of you. If the exact handle is gone everywhere, decide now whether a consistent variant (with a city, an industry word or a prefix) is acceptable, before the name is on the sign.
The routine, in order
- Generate a shortlist. The business name generator builds candidates from a keyword and lets you filter by length and spelling, which is the right time to drop names that are hard to say or type.
- For each candidate, search the trademark database for the name, its sound-alikes and its spelling variants. Cross off anything with a hit in your industry.
- Search the company register of the state or country where you will register. Cross off "same as" and "too like" names.
- Check the domain and the holder of any taken domain.
- Check the handles on every platform you will use.
- Keep the survivors for a day, say them aloud and type them into a phone. Then register the entity, the domain and the handles on the same day, and consider a trademark application if the name is what customers will know you by.
None of this is legal advice. A clean search lowers the risk; a trademark attorney's clearance opinion is what you want before a large investment in a brand.
Frequently asked questions
Is a business name automatically protected when I register my company?
Only at the level you registered it. The US Small Business Administration explains that an entity name registered with a state stops others from registering the same name in that state, while a trademark is what protects the name nationally for your goods and services. A domain only protects the web address. The four registrations are legally independent, so one of them does not give you the others.
Can I use a name that is similar but not identical to an existing trademark?
Often not. The USPTO says trademarks do not have to be identical to be confusingly similar; marks that sound alike, look alike or leave the same impression count, as do related goods and services. T. Markey and Tee Marquee are its example of marks that are pronounced the same. The same mark can coexist with another when the goods are unrelated, like soap and ice cream bars.
What if the .com domain is taken?
A taken domain is not a legal bar, but it is a daily practical one: customers who type the name will land on someone else. Check who holds it with a WHOIS or RDAP lookup; a parked domain may be for sale, an active business under the same name is a sign to keep looking. Another extension can work for a local service, but a product sold online usually needs the name and the domain to match.
Do I need to check social media handles?
Yes, before you fall in love with a name. There is no registry for handles, so open each platform you plan to use and search for the exact spelling, then the variants without spaces, with underscores and with your city or industry added. A handle that is free on every platform is a strong sign the name is not in commercial use.
Is a DBA the same as a trademark?
No. A DBA, also called a trade name, fictitious name or assumed name, is a registration that lets you trade under a name other than your legal one, and the SBA says it provides no legal protection by itself, although most states require it. A trademark is the registration that protects the name against use by others.
Sources
- U.S. Small Business Administration: Choose your business name (entity name, trademark, DBA and domain name as four separate registrations and what each protects)
- USPTO: Likelihood of confusion (similar marks and related goods or services; T. Markey and Tee Marquee; soap and ice cream bars)
- USPTO: Search our trademark database (the Trademark Search system, searching for similar trademarks, coordinated classes)
- WIPO: Global Brand Database (international trademarks under the Madrid System plus trademarks from participating national and regional offices, searchable by keyword, goods and services and image)
- Companies House: Company name availability checker
- Companies House guidance: Incorporation and names ("same as" and "too like" names, words disregarded in the comparison, sensitive words needing approval)