You've found a name you love. Now comes the critical question: is it actually available?
"Available" means more than just domain registration. A thorough availability check covers business registries, trademarks, domain names, and social media handles. Skip any of these, and you risk legal trouble, brand confusion, or expensive rebranding.
The Complete Availability Checklist
Before committing to any business name, verify availability across all five dimensions:
- ✅ State/national business registry
- ✅ Federal trademark database (USPTO)
- ✅ Domain name availability
- ✅ Social media handles
- ✅ General Google search
Let's walk through each step.
Step 1: Business Registry Search
Why It Matters
Even without trademark registration, a business using a name in your state may have "common law" trademark rights. Operating under the same name could trigger legal action.
How to Search
For US businesses:
Each state maintains a business entity database. Search your state's Secretary of State website:
- California: bizfileonline.sos.ca.gov
- Delaware: corp.delaware.gov
- New York: appext20.dos.ny.gov
- Texas: direct.sos.state.tx.us
What to search:
- Exact name match
- Phonetic variations (if searching allows)
- Abbreviated versions
International:
- UK: Companies House
- Canada: NUANS
- Australia: ASIC
What a Match Means
Exact match in your state: Likely cannot use that name as a registered business entity.
Match in different state: May be okay legally, but consider brand confusion risks.
Similar match: Proceed with caution. Consult an attorney if you're in the same industry.
Step 2: Federal Trademark Search
Why It Matters
Federal trademarks provide nationwide protection. Using a trademarked name—even innocently—can result in:
- Cease and desist letters
- Lawsuits for infringement
- Forced rebranding
- Financial damages
According to USPTO, trademark disputes cost businesses an average of $20,000-100,000+ to resolve.
How to Search USPTO TESS
The Trademark Electronic Search System (TESS) is free to use.
Basic Search:
- Go to TESS
- Select "Basic Word Mark Search"
- Enter your proposed name
- Review results
Advanced Search Tips:
- Search singular and plural forms
- Search common misspellings
- Check phonetic equivalents (write/right)
- Search within your specific international class
Understanding Results
Status terms:
- Live/Registered: Active protection. Proceed with extreme caution.
- Live/Pending: Application in progress. Could become registered.
- Dead/Cancelled/Expired: No longer protected (but original owner might still have common law rights).
International Class: Trademarks are registered by product/service category. A "Slack" for clothing might not conflict with "Slack" for software. But consult an attorney—this is nuanced.
International Trademark Databases
- WIPO Global Brand Database: wipo.int
- EU trademarks (EUIPO): euipo.europa.eu
- Canadian trademarks: ic.gc.ca
Step 3: Domain Availability
Why It Matters
Even if a name is legally available, an unavailable domain creates practical problems:
- Customers can't find you
- Email addresses become awkward
- Marketing materials are complicated
How to Check
Instant domain checks:
- Namecheap
- GoDaddy
- Google Domains (now Squarespace)
Bulk domain checking:
Premium domain marketplaces:
Or use BrandScoop: When you generate names with BrandScoop, domain availability for .com, .io, .co, .ai, .app, and .net is checked automatically.
What to Check
At minimum, verify these TLDs:
- .com (most valuable)
- .io (tech standard)
- .co (startup alternative)
- .ai (AI companies)
- .app (application companies)
- .net (backup option)
Interpreting Results
Domain available at standard price: Great! Register immediately (domains can be snapped up quickly).
Domain parked/for sale: Check price on marketplace. May be negotiable.
Domain hosting active content: Much harder to acquire. Consider alternatives.
Domain with "make offer" option: Likely in the $1,000-50,000 range. Worth exploring if the name is strong.
For detailed domain strategy, see Understanding Domain TLDs for Startups and One-Word Brand Names.
Step 4: Social Media Handle Availability
Why It Matters
Consistent handles across platforms strengthen brand recognition. Mismatched handles create confusion and enable impersonation.
Platforms to Check
Priority handles (verify immediately):
- Twitter/X: @yourname
- Instagram: @yourname
- LinkedIn: /company/yourname
- Facebook: /yourname
Secondary handles (check after primary):
- YouTube: /c/yourname
- TikTok: @yourname
- GitHub: /yourname (for tech companies)
- Discord: yourname
How to Check
Manual checking: Visit each platform and attempt to create an account or search for the handle.
Batch checking tools:
- Namechk — Free, covers most platforms
- KnowEm — More comprehensive
- Namecheckr — Clean interface
Handling Unavailable Handles
Options when your preferred handle is taken:
- Add modifier: @yourbrand_hq, @getyourbrand, @yourbrandapp
- Use underscore: @your_brand (less ideal but acceptable)
- Abbreviate: @yourbrandco, @ybrand
- Negotiate: Some handle owners will sell. DM and offer.
Avoid:
- Numbers (@yourbrand123)
- Obscure abbreviations
- Handles that differ dramatically across platforms
Step 5: General Web Search
Why It Matters
Databases miss things. A comprehensive Google search catches:
- Unregistered businesses using the name
- Industry publications mentioning similar names
- International uses you might conflict with
- Negative associations or meanings
How to Search
Basic searches:
- "[your name]" (exact match)
- "[your name] + [your industry]"
- "[your name] company"
- "[your name] app/software/product"
Advanced operators:
- "your name" -[exclude common unrelated results]
- site:linkedin.com "your name"
- site:crunchbase.com "your name"
What to Look For
Red flags:
- Companies in your industry with exact or similar names
- News articles about businesses with the name
- Product reviews mentioning the name
- Legal disputes involving the name
Yellow flags:
- Unrelated businesses in different countries
- Old/defunct companies (might revive)
- Personal projects or portfolios
Usually okay:
- Common word used in different contexts
- Names in completely different industries
- Names in different geographic regions (for local businesses)
Building Your Availability Report
Before making a final decision, document your findings:
| Check | Result | Notes |
|---|---|---|
| State registry | ✅/❌ | Details |
| USPTO trademark | ✅/❌ | Class conflicts? |
| .com domain | ✅/❌/$ | Price if premium |
| .io domain | ✅/❌ | |
| ✅/❌ | Alternative? | |
| ✅/❌ | Alternative? | |
| Google search | ✅/❌ | Competing uses? |
When to Consult a Professional
Trademark Attorney
Consult a trademark attorney when:
- Your search found similar (not exact) matches
- You're entering a competitive market
- You plan to seek investment (VCs care about IP)
- You're registering in multiple countries
- You found a dead trademark you want to use
Cost: Professional trademark searches run $500-1,500. Attorney consultation is $200-500/hour.
Resources:
- INTA — International Trademark Association
- USPTO Attorney Resources
Don't Consult a Professional (Yet) When:
- Your search shows clear availability
- You're testing an MVP before full launch
- Budget is extremely limited
- You're willing to rebrand if issues arise
The Final Availability Decision
After completing all checks:
Green light (proceed):
- No exact business registry matches
- No live trademarks in your class
- Domain available (or acquirable path exists)
- Key social handles available
- Google search clean
Yellow light (proceed carefully):
- Some similar names in different industries
- Domain requires acquisition or alternative TLD
- Some social handles need modifications
- Minor Google search results
Red light (reconsider):
- Existing business in your industry with name
- Live trademark in your product class
- Name associated with controversy
- Domain owner is active competitor
Your Availability Checking Workflow
- Generate candidates using BrandScoop — includes domain checking
- Quick trademark search on USPTO TESS for top 3 names
- Social handle check using Namechk for top 3
- Google deep dive for top 2 candidates
- Business registry search for your final choice
- Optional: professional search if planning significant investment
The whole process takes 1-2 hours for thorough vetting—a small investment compared to rebranding costs.
Start generating names with built-in domain checking →