State Business Entity Search

Is my business name taken?

The SBA says the four name registrations are legally independent, so a clear result in one place says nothing about the other three. A thorough check covers the state register, assumed-name records, the federal trademark database and the domain registry.

By the State Business Entity Search team. The SBA, USPTO, ICANN and Texas Secretary of State pages were used, with Texas as the state example. Last updated November 13, 2026. How guides are prepared.

One name, four separate records

The SBA lists the registrations a business name can have: the entity name with the state, a DBA, a trademark and a domain name. It says each of them is legally independent. A name with no match on a state register can still be someone's trademark. A taken domain does not stop you from using the name.

That is why one search is never enough. Each of these places keeps its own records.

  1. The state business register where you plan to file.
  2. The state or county assumed-name records.
  3. The federal trademark database, the Official Gazette and the internet.
  4. The domain name registry.

The state register

Start with the register in the state where you will file. Texas shows what a state compares. It checks an entity name against existing filing entities, foreign entities registered to transact business in Texas, and reservations on its records. The business name search lets you read a state's published list.

A search result is not a ruling. Texas will give a preliminary determination on request. It says a final determination waits until the Secretary of State receives and processes the document.

Assumed-name records

A DBA lives in a different set of records. The Texas Secretary of State says its trademark examiners do not search state or county assumed name records. Those records have to be searched separately.

The SBA notes that multiple businesses can go by the same DBA in one state. A match in the assumed-name records shows someone already uses the name, and a clear result does not promise that nobody else does. The guide to fictitious business names explains where those filings are made.

The USPTO's free search tool is the Trademark Search system, which replaced TESS. The USPTO page also offers a handout for people moving over from TESS.

At a minimum, the USPTO says to check its database and the Official Gazette for federal applications and registrations. It also says to search the internet for common-law use. A full clearance search also covers state trademark databases.

Search for names that are confusingly similar, and not only identical ones. The USPTO says to look at marks used with the same or related goods and services. It defines likelihood of confusion as customers likely thinking the goods or services come from the same source. It calls a mark too similar to a registered one a common reason applications are rejected.

The examiner who reviews an application checks only the federal database. The applicant has to search state trademark databases and the internet.

The USPTO's clearance page names more sources than the federal database. Its list includes the weekly Official Gazette, state trademark and business registries, and domain name registries, with ICANN's page for domain lookups.

The same page says to look for common-law use, which means use of the name by others without a registration.

Why the USPTO wants the search done first

The USPTO ties the search to what can go wrong later. It lists an opposition proceeding to prevent registration of an approved trademark and a cancellation proceeding against a registration. It also lists a trademark infringement lawsuit.

Texas gives a similar warning about its own process. A preliminary clearance is a first read of the records. The state says a final determination comes only after the document is processed. It tells filers not to spend money on a preliminary clearance.

The domain registry

ICANN's lookup tool shows public contact and other information about a domain name. ICANN has provided it as a free public service since 2013. Since January 28, 2025, ICANN says RDAP is the definitive source for generic top-level domain registration data. It replaced WHOIS.

The lookup uses RDAP and offers an optional WHOIS lookup if the RDAP lookup fails. ICANN points users to its RDAP-based Lookup service at lookup.icann.org.

A registered domain does not close the door. The SBA says it is okay if someone else holds the domain you wanted. Your domain does not need to match your legal business name, trademark or DBA. The guide to registering a company name covers the state filing that comes first.

Is my business name taken: more questions

Can the state tell me a name is fine before I file?

Texas gives a preliminary determination on request. The Texas Secretary of State says a final determination cannot be made until the document is received and processed.

Does the USPTO examiner check state databases and the internet for me?

No. The USPTO says the examining attorney only determines whether there are conflicting trademarks in the federal database. Searching state trademark databases and the internet is your responsibility.

The USPTO lists an opposition proceeding, a cancellation proceeding against your registration and a trademark infringement lawsuit among the problems that can follow.

Next: search a state's business names, registering a company name and what a trademark filing costs.

8 official sources
  1. SBA, guide to choosing a business name, retrieved November 12, 2026.
  2. USPTO, Search our trademark database, retrieved November 12, 2026.
  3. USPTO, Why search for similar trademarks?, retrieved November 12, 2026.
  4. USPTO, Clearance search for similar trademarks, retrieved November 12, 2026.
  5. Texas Secretary of State, Name Filings FAQs, retrieved November 12, 2026.
  6. Texas Secretary of State, Trademarks FAQs, retrieved November 12, 2026.
  7. ICANN, Updated lookup tool for domain name registration data, retrieved November 12, 2026.
  8. ICANN, Update on launching RDAP and sunsetting WHOIS, retrieved November 12, 2026.