You’ve picked the perfect business name. It’s catchy, available as a domain, and looks amazing on your Instagram bio. You’re itching to slap it on business cards, brochures, product labels, and maybe even the side of your car. But before you send anything to print, stop and ask yourself: is the name legally yours?
Naming your business is like naming a child—it’s a blend of creativity, personality, and long-term vision. But unlike baby names, business names carry legal baggage. Using a name you haven’t protected could put you at risk of cease-and-desist letters, rebranding headaches, or even lawsuits. Worse, you might accidentally use a name someone else already owns.
Before you promote your business name to the world, it’s crucial to take the right steps to ensure you actually own it—and that no one can take it from you later.
Contents
- What “Protecting” Your Business Name Actually Means
- Step 1: Check Availability (And Don’t Stop at Google)
- Step 2: Register a Business Entity That Matches Your Name
- Step 3: Consider Trademarking Your Name
- How Using an Unprotected Name Can Backfire
- Tips for Choosing a Name That’s Easy to Protect
- Secure It Before You Share It
What “Protecting” Your Business Name Actually Means
Many entrepreneurs believe that coming up with a unique name and buying the matching domain is enough. Unfortunately, that’s only the beginning. “Protecting” your name means legally securing the right to use it—and defending it if someone else tries to use something similar.
The Legal Layers of Name Protection
- Business Registration: Registering your name with your state or local government allows you to legally operate under that name in your area.
- Trademark Protection: Registering a trademark gives you national legal rights to that name, logo, or slogan in specific industries.
- Forming a Legal Entity: Forming an LLC or corporation helps formalize your ownership of the name and adds an extra layer of legal structure.
Without these protections in place, another business can swoop in and claim your name—leaving you with little recourse other than starting over.
Step 1: Check Availability (And Don’t Stop at Google)
You’ve probably already Googled your business name and checked if the domain was available. Good start—but not enough. The real question is: is the name legally available for commercial use in your category?
Start with Your State’s Business Name Search
Most states have a searchable online database of business names. If the name you want is already registered, you likely won’t be able to use it—at least not without risking confusion or legal issues.
Important tip: Similar names can still be a problem. If your desired name is “Glow Botanicals” and “Glow Skincare LLC” is already operating in your state, that may be too close for comfort. Name confusion is a common cause of disputes.
Search the USPTO Trademark Database
The U.S. Patent and Trademark Office maintains a database of all registered trademarks. Search for your business name in the relevant categories. If it’s already trademarked in your industry (known as a class), you’ll need to find an alternative.
- Class 35: Retail and online services
- Class 41: Coaching, consulting, and education
- Class 44: Health and wellness services
Make sure the name doesn’t overlap with any trademarks, even if the trademark owner is in another state. Trademarks are federal, meaning they apply across the country.
Step 2: Register a Business Entity That Matches Your Name
One of the most effective ways to claim a business name is to register it as part of a formal legal entity. The most popular option for small businesses? The Limited Liability Company, or LLC.
Why an LLC Can Help Secure Your Name
- Legal recognition: Once your LLC is approved by the state, the name is protected from use by other businesses in that state.
- Professionalism: Clients and vendors take you more seriously when your contracts and invoices come from a registered business.
- Liability protection: You shield your personal assets from business-related risks.
Keep in mind: registering an LLC doesn’t protect your name nationally. But it does protect it within your state, and it’s a major step toward long-term brand security.
Using a “Doing Business As” (DBA) Name
If you already operate a business under your personal name or an LLC with a different name, you can file a DBA—short for “Doing Business As.” This allows you to publicly use a different name while still being legally recognized.
For example, you might register “Modern Mindset Media LLC” but use a DBA for “The Content Coach.” This gives you branding flexibility while keeping the legal structure intact.
Step 3: Consider Trademarking Your Name
Trademark registration is the gold standard of name protection. It grants you exclusive legal rights to use your name in your category—and allows you to sue others for using confusingly similar names.
When a Trademark Makes Sense
You should strongly consider filing a trademark if:
- You plan to operate nationally or online with a broad audience
- You’re building a personal or product brand around your business name
- You’re investing in marketing, packaging, or content that uses your brand name extensively
While the process can be time-consuming and may involve legal fees, the peace of mind it brings is well worth it—especially once your business starts gaining traction.
How to File a Trademark
- Search the USPTO database to make sure the name is available
- Decide which classes your business fits into
- File the application online (or hire a trademark attorney to help)
- Respond to any office actions or objections
- Monitor your trademark after approval to protect your rights
The cost typically ranges from $250–$350 per class, plus any legal assistance if needed.
How Using an Unprotected Name Can Backfire
Too many entrepreneurs find out the hard way that the name they’ve been using is already taken. And by then, they’ve invested in:
- Business cards and marketing materials
- Social media handles and website domains
- Customer recognition and brand trust
Getting hit with a cease-and-desist letter—or discovering that someone else trademarked your name after you started using it—can mean rebranding your entire business under pressure. That’s a costly, stressful, and often avoidable mistake.
Real-World Example
A personal trainer launched an online coaching brand called “FitLife Evolution.” She bought the domain, printed thousands of flyers, and grew a following—only to receive a legal notice from a supplement company with a registered trademark for “FitLife.” They demanded she change her name and hand over the domain. She lost all her momentum, and worse, had to re-educate her audience under a new brand.
Tips for Choosing a Name That’s Easy to Protect
If you’re still in the brainstorming phase, choose a name that sets you up for long-term legal success.
- Be original: Avoid names that include common words or industry jargon.
- Avoid geographic restrictions: “Atlanta Web Pros” might limit your expansion potential.
- Use invented words or combinations: Think “Spotify” or “Grammarly”—distinct and memorable.
- Check availability early: Before you fall in love with the name, search business databases, social handles, and domain registrars.
The name of your business is more than a catchy tagline—it’s a legal identity. It’s how people find you, how they remember you, and how you stake your claim in the marketplace. Before you go wild with branding and printing, take the time to protect it.
That means checking for availability, forming an LLC or other entity, and considering a trademark if your growth plans warrant it. A few hours of research today can save you thousands in legal costs and heartbreak tomorrow.
Your name is your reputation—make sure it’s truly yours.
