What if my company name is already taken?

Asked by: Johann Jones  |  Last update: February 6, 2026
Score: 4.9/5 (23 votes)

If your desired company name is taken, you'll need to pivot: check if you can buy the existing trademark/business, find a unique variation (adding keywords, "The," or "Inc."), or select an entirely new, distinct name to avoid costly legal battles and rebranding, focusing on checking state/federal databases (USPTO, Secretary of State) and online domains first.

What if a company's name is already taken?

Using a name that is too similar to an existing brand could result in a cease-and-desist letter, legal action, or the costly process of rebranding. A strategic approach involves ensuring your brand name is distinct enough to avoid confusion with existing trademarks while still aligning with your brand identity.

How to find if a business name has already been taken?

You can check if a business name is taken by searching your state's Secretary of State database, running a USPTO trademark search, performing a DBA search, or using an online business formation service like LegalZoom.

What happens if someone takes your business name?

Another business could register the same or similar name as a trademark and block you from expanding. You might have to change your name or stop using it if someone with a registered trademark files a complaint. You may have limited options to enforce your rights if someone uses your name in another state or online.

Can I use a company name that already exists?

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. Trademark issues can be complex.

How To Come Up With A GREAT Brand Name For Your Business

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What names to avoid for LLC?

You should avoid LLC names that are misleading, offensive, too similar to existing brands, or use restricted words like "Bank," "Trust," or "Insurance" without proper licensing; also steer clear of implying government affiliation or illegal activity and names that are hard to spell or remember, as these can cause legal issues, confusion, or hinder branding.
 

Can I reuse the name of a dissolved company?

Yes, a dissolved company name can be reused. When a company is officially dissolved, it has been legally terminated and therefore no longer exists. As such, there are no legal rights attached to the name, and it can be used for your business.

What to do if your LLC name is taken?

To change your LLC's name, you'll file an amendment to your articles of organization with your state's business filing agency. The process involves checking name availability, getting member approval, submitting the required forms with a filing fee, and updating your business records.

Is it better to trademark or LLC?

An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business. 

How do I stop someone from stealing my business name?

How to Protect Your Business Name

  1. Register your business name. The first step is to register your business with local and state agencies. ...
  2. Apply for a trademark. Next, you can apply for a federal trademark with the United States Patent and Trademark Office (USPTO). ...
  3. Keep detailed records. ...
  4. Talk to a business lawyer.

Are LLC names public record?

Yes, LLC names and basic formation details (like registered agent, address) are public record when filed with the state, but ownership (member/manager) details vary significantly by state; some require owner info publicly, while others, like Delaware, Nevada, or Wyoming, offer ways to keep owner identities private through nominee services or filing structures. This public data is searchable through the Secretary of State's website, but private financial/tax records remain protected. 

How to check if a name is trademarked?

To check if a name is trademarked, start with the USPTO's TESS database, searching for exact and similar terms in your industry, then expand your search to your state's Secretary of State database, Google for common law uses, and international databases like WIPO, as a full search requires checking federal, state, common law, and international registers for similar marks in related goods/services. 

How to tell if an LLC name is already taken?

To check LLC name availability, first search your state's Secretary of State (SOS) database for existing businesses, then check the USPTO database for trademarks, and finally search for matching domain names and online presence (like Yelp/LinkedIn) to avoid confusion and legal issues, as a name must be unique within the state and not infringe on existing trademarks for your goods/services.
 

Do I need a new EIN if I change my LLC name?

Limited liability company (LLC)

You don't need a new EIN if you: Change your name or location. Report income tax as a branch or division of another entity and you don't have employees or owe excise tax. Convert a partnership to an LLC classified as a partnership.

Can you sue for someone using your business name?

A trade name identifies the business entity itself, while a trademark protects the brand or product name used in commerce. Can I sue someone for using a similar business name? Yes, if the name causes consumer confusion or harms your business, you may have grounds for legal action based on trade name infringement.

What do you call yourself if you own an LLC?

If you own an LLC, you are legally called a Member, but you can use various public-facing titles like Owner, Managing Member, CEO, President, or Founder, depending on your role, state rules, and desired image, as long as it's not misleading and aligns with your operating agreement. 

How much does it cost to trademark your LLC?

Online trademark application fees

The USPTO prefers that applicants file electronically through the Trademark Center (formerly known as the Trademark Electronic Application System or TEAS). The cost of filing an application online is $350 for a business name in a single class of goods and services.

Who owns the trademark I am the company?

I AM THE COMPANY is a trademark owned by Zeina Khalil Khoury, a Dubai based entity. The trademark was filed on 27 Feb 2024 with serial number (#98422538) . The I AM THE COMPANY trademark is filed in the category of Clothing Products.

What names should you not use in an LLC?

Your LLC's name can't contain the words like “bank,” “trust,” “trustee,” “insurer,” “insurance company” or any other words suggesting you're in the insurance business (unless you are). You can't include things like “incorporated,” “inc.” or “corporation,” because your LLC is not a corporation.

How does an LLC impact my taxes?

LLCs are considered “pass-through entities,” which means the LLC itself does not pay federal income taxes on business income. Instead, income “passes through” to individual members of the LLC, who pay federal income tax earned from the LLC via their own individual tax returns.

What is the lifespan of an LLC?

An LLC can operate indefinitely as long as it continues to comply with legal requirements and maintain its business activities. Unlike some business structures, an LLC has no predefined expiration date. However, its duration may be subject to state regulations and the terms specified in its operating agreement.

Can you bring back a dissolved LLC?

Yes, you can often reinstate a dissolved LLC, especially if it was administratively dissolved for failing to file reports or pay fees, by filing an application for reinstatement (or similar form) with the Secretary of State, paying all back taxes, penalties, and fees, and filing any missing annual reports, though requirements vary by state and the reason for dissolution. The process typically involves correcting the non-compliance, submitting forms, and paying fees to restore the LLC to active status. 

What happens if two companies have the same name?

So, your company can have the same name as another company, and vice versa, with no claims of trademark infringement. However, if your business is using a company name that's the same as another incorporated company, there could be grounds for a legal dispute, and you may not be able to legally use the business name.

What is the difference between dissolving and terminating an LLC?

While both words are concerned with the end of a business partnership, dissolution refers to the process itself, and usually to the departure (or death) of one or more individuals from the entity, while termination refers to the cessation of all operations, including the disposal of all assets.