How to legally register your business name, including state filings, DBA requirements, trademark searches, and domain name protection.
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Name Selection and Research
Brainstorm 5-10 potential business names
Test each name by saying it aloud, spelling it over the phone, and typing it in a URL bar. Names that require explanation or frequent spelling corrections will cost you customers over time.
Check that the name is easy to spell and pronounce
Verify it does not have negative meanings in other languages
Search your state's business name database
Every state maintains a searchable database through the Secretary of State's office. Most searches are free and return results instantly. Names must be 'distinguishable' — not identical or deceptively similar to existing registrations.
Search the USPTO trademark database
Go to tess.uspto.gov and search for exact and similar matches. A state registration does not protect you from federal trademark claims — businesses have been forced to rebrand years after launching due to trademark conflicts.
Check domain name availability
A .com domain costs $10-$15 per year. If your exact name is taken, consider alternatives like adding your city or a short modifier. Avoid hyphens and numbers — they confuse customers and look unprofessional.
Search for the name on major social media platforms
Check availability on at least 4-5 platforms even if you do not plan to use them all immediately. Consistent handles across platforms build brand recognition and prevent impersonation.
State Name Registration
Determine if you need a DBA or entity filing
Sole proprietors and partnerships using a name other than their legal name need a DBA filing. LLCs and corporations register their name through the Articles of Organization or Incorporation — a separate DBA is only needed for trade names.
File your DBA or fictitious name statement
DBA filings are handled at the county level in most states, costing $10-$100. Some states like California require filing at both the county and state level. Most filings expire after 5 years and must be renewed.
Complete the registration form with your legal name and business name
Pay the filing fee
Publish a fictitious name notice if required
About 10 states require you to publish your DBA in a local newspaper for 1-4 consecutive weeks. Publication costs range from $30 to $200. Your county clerk's office can provide a list of approved newspapers.
File proof of publication with the county clerk
The newspaper will provide an affidavit of publication after the notice runs. File this with your county clerk within 30 days of the last publication date. Keep a copy for your records.
Trademark Protection
Decide whether to file a federal trademark application
Federal trademark registration costs $250-$350 per class of goods or services. It provides nationwide protection and the right to use the registered trademark symbol. Without it, your protection is limited to your geographic area.
Identify the correct trademark class for your business
There are 45 international trademark classes. Filing in the wrong class wastes your money and provides no protection. Most small businesses need 1-2 classes. The USPTO's ID Manual at idm-tmng.uspto.gov helps you find the right one.
Prepare and submit your trademark application
The application requires a specimen showing your mark in actual commercial use (like a product label or website screenshot). Processing takes 8-12 months on average, with an initial response from the examining attorney in 3-4 months.
Begin using the TM symbol on your business name
You can use the TM symbol immediately without any registration — it signals that you claim trademark rights. The registered trademark symbol (the R in a circle) can only be used after federal registration is granted.
Digital Presence
Register your primary domain name
Register for at least 2-3 years to show search engines you are serious about the domain. Auto-renew is important — expired domains can be snatched by resellers within hours and cost thousands to buy back.
Register common domain variations to protect your brand
At minimum, register the .com, .net, and common misspellings of your name. Redirect them all to your primary domain. This costs $20-$30 per year total and prevents competitors or scammers from using them.
Claim your business name on social media platforms
Create accounts on the top 5-6 platforms even if you only plan to use 1-2 actively. Add a basic profile photo and description to each. This prevents name squatting and secures your brand presence.
Set up a professional email address with your domain
Business email hosting costs $5-$12 per user per month. An email like hello@yourbusiness.com builds more trust than a free email address — 75% of consumers say a custom domain email makes a business appear more credible.
Post-Registration Tasks
Update all legal documents with your registered name
Your business name must match exactly on your bank account, contracts, invoices, and tax filings. Even small discrepancies like 'LLC' versus 'L.L.C.' can cause issues with banks and government agencies.
Order business cards and branded materials
Start with 250-500 business cards — most online printers offer this quantity for $15-$30. Include your registered business name, not a nickname or abbreviation, to maintain legal consistency.
Set renewal reminders for all registrations
DBA filings expire every 5 years in most states, domain names annually (or per your registration term), and trademarks require maintenance filings between years 5-6 and renewal at year 10. Missing deadlines can void your registrations.
Frequently Asked Questions
What is the difference between a DBA and a trademark?
A DBA ("Doing Business As") is a local registration that lets you operate under a name different from your legal name — it costs $10-$100 and provides zero ownership rights. A federal trademark ($250-$350 per class filed online) gives you exclusive nationwide rights to use that name in your industry. Someone else can still register the same DBA in another county, but they cannot use a name you have trademarked.
How do I check if a business name is already taken?
Start with your state Secretary of State business name database (free online search). Then search the USPTO trademark database (TESS) at uspto.gov. Also check domain availability on a registrar like Namecheap or GoDaddy, and search social media platforms for existing handles. A name available in your state could still be trademarked federally by another company, which would create legal risk.
Can two businesses have the same name in different states?
Yes, if neither holds a federal trademark. State-level business name registration only protects within that state. Two LLCs named "Summit Consulting" can coexist in Oregon and Texas with no conflict. However, if one registers a federal trademark, the other may face a cease-and-desist. This is why federal trademark registration matters if you plan to operate across state lines or online.
How long does trademark registration take?
The USPTO currently processes trademark applications in 8-12 months from filing to registration. After filing, an examining attorney reviews your application within 3-4 months. If approved, the mark is published for a 30-day opposition period. Using the TEAS Plus filing option ($250 per class) costs less than TEAS Standard ($350) but requires selecting from pre-approved descriptions of goods and services.
Should I register my business name as a domain before filing paperwork?
Yes. Domain names operate on a first-come basis and cost only $10-$15 per year for a .com. Secure the exact-match .com domain plus any obvious misspellings before your business name becomes publicly visible through state filings. Also register matching handles on Instagram, Facebook, X, and LinkedIn — social handles cannot be recovered easily once taken, even with a trademark.