How to Check Company Name Availability in the US for UK Entrepreneurs

If you’re a UK entrepreneur looking to expand your business to the United States or launch a new U.S.-based venture, one of the first steps is ensuring that your desired company name is available.

The process of checking company name availability in the U.S. can be a bit different from the UK, as the U.S. has multiple states with their own business regulations, but don’t worry—it’s relatively straightforward once you understand the steps.

This article will guide you through how to check company name availability in the U.S.

1. Understand the Basics of Company Name Availability in the U.S.

In the U.S., business name registration is done at the state level. Each state has its own rules for registering businesses and the availability of a company name is checked against the records of the state where you intend to form your business.

Unlike the UK, where you check availability through Companies House, in the U.S., you’ll need to consult the Secretary of State’s office or the appropriate state agency in each state.

If you plan to operate your business in multiple states, you will need to check name availability in each state where you intend to register. If you plan to use your name for branding across the entire U.S., you might also want to check for federal trademark availability.

2. Check Company Name Availability at the State Level

Every state in the U.S. has a business registry where you can check if your desired company name is available. Most states provide an online search tool that allows you to look up the name to see if it’s already taken. Here’s how to get started:

Steps to Check Name Availability in a U.S. State:

Visit the Secretary of State’s Website: Start by visiting the official website of the Secretary of State for the state where you want to incorporate your business. For example, if you’re forming an LLC or corporation in California, you’ll go to the California Secretary of State website.
Use the Business Search Tool: Most states have a Business Entity Search tool (sometimes called a “Name Availability Search” or “Corporation Search”) that allows you to enter the proposed name and check for existing businesses with similar or identical names.
Search Variations: If your exact name is already in use, try variations of your name or abbreviations. For example, instead of “London Electronics Ltd,” try “London Electronics Inc.” or “London Electronics Co.”
Review Results: If the name is already in use, the search tool will let you know.

Popular State Websites for Name Search:

California Secretary of State: https://businesssearch.sos.ca.gov
New York Department of State: https://www.dos.ny.gov/corps/bus_entity_search.html
Florida Division of Corporations: https://dos.myflorida.com/sunbiz/search/
Texas Secretary of State: https://www.sos.state.tx.us/corp/sosda/index.shtml

3. Check Federal Trademark Availability

Even if your desired company name is available at the state level, it’s important to ensure that your name does not infringe on any trademarks. In the U.S., trademarks are registered at the federal level through the United States Patent and Trademark Office (USPTO). If your business name is trademarked, it could lead to legal issues down the line.

How to Check for Federal Trademark Availability:

Visit the USPTO Website: Go to the USPTO’s Trademark Electronic Search System (TESS) to check if your desired name is trademarked. USPTO TESS Database
Search the Database: Enter your company name (or variations) into the TESS search tool to see if it’s been trademarked. You can search for word marks, logos or design marks.
Examine the Results: Review the search results to see if your name is already protected by a federal trademark. Even if a name is available at the state level, it may still be federally trademarked, which could restrict your ability to use it.

4. Consider Domain Name Availability

In today’s digital age, your online presence is critical. After confirming your company name is available in the U.S. and hasn’t been trademarked, you should also check if a matching domain name is available. This is important if you want to create a professional website or establish an online store.

To check availability see our easy to use domain checker:

Protect your Company Domain Name

Use our domain name search tool to find available names for your business.

5. Registering Your Company Name in the U.S.

Once you’ve confirmed that your business name is available at both the state and federal levels, you can move forward with registering your business. There are two main steps to officially register your company in the U.S.:

Register with the State: You will need to file for business formation in the state where you plan to operate (LLC, corporation, etc.). You’ll file Articles of Incorporation (for corporations) or Articles of Organization (for LLCs), and the registration process typically includes reserving or registering your business name.
Apply for a Federal Employer Identification Number (EIN): Most businesses in the U.S. require a Federal Employer Identification Number (EIN), which is essentially the U.S. equivalent of a UK company number. This is required for tax purposes, opening a business bank account, and hiring employees. You can apply for an EIN through the IRS website.

6. Local Considerations and Permits

In addition to registering your business name at the state and federal levels, remember that you may also need local permits and licenses depending on the type of business you’re operating and the state or city you’re in. Always check with the relevant local authorities (county or city) to ensure you meet all regulatory requirements.

7. Get Help if Needed

If you’re unfamiliar with the U.S. business registration process or would like professional assistance, there are numerous resources available to guide you through the process. Consider working with a business attorney, accountant, or a registered agent service, which can help you navigate the complexities of setting up a business in the U.S. as a foreign entrepreneur.

Conclusion

Checking company name availability in the U.S. is a crucial first step when expanding your UK business to the States. With the right tools and resources, you can easily search state databases, the USPTO trademark database, and domain name registries to ensure your business name is available and free from legal conflicts. Once you’ve secured your name, you can proceed with incorporating your company and begin tapping into the lucrative U.S. market.

Good luck with your U.S. business journey, and if you need further assistance, don’t hesitate to consult with a professional to ensure a smooth setup!