How to Register a Business Name

Why Your Business Name Is Actually Three Different Things

Most founders think "registering a business name" is one step. It's not. Depending on where you're based and how you structure the company, you're actually dealing with up to four separate registrations that rarely get explained together: the legal entity name on file with your state or Companies House, a trading name or DBA if you operate under something different, a trademark if you want to stop competitors from using it, and the domain/social handles that make the name usable in the real world. Skip one and you end up rebranding eighteen months in — which is expensive, embarrassing, and entirely avoidable.

This guide walks through each layer in order, with the specific forms, fees, and rejection reasons we see most often at Bizvee when founders come to us mid-panic because their filing bounced back.

Step 1: Search Before You Fall in Love With a Name

Every registry — the Secretary of State in the US, Companies House in the UK, provincial/federal registries in Canada, ASIC in Australia — runs a database of existing entity names. Before you print business cards, run these four searches, in this order:

1. State or national business registry search. In the US, this is your target state's Secretary of State website (e.g., California's bizfileOnline, Delaware's entity search, New York's Corporation and Business Entity Database). In the UK, it's the free Companies House name availability checker. In Canada, NUANS (Newly Upgraded Automated Name Search) for federal incorporations, or your province's equivalent. In Australia, ASIC Connect's organisation and business names search.
2. Trademark database search. USPTO's TESS (Trademark Electronic Search System) in the US, the UK IPO trademark search, CIPO in Canada, and IP Australia's TM Checker. A name can be legally available to register as an entity and still infringe someone's registered trademark — these are separate systems that don't talk to each other.
3. Domain availability. Even a rough check on a registrar tells you fast whether the .com (or your country's ccTLD) is live, parked, or for sale.
4. Social handle availability. Instagram, X, TikTok, LinkedIn. You don't need to lock these in today, but if all four are taken by an active competitor in your exact niche, that's a signal worth weighing.

A name can pass step 1 and fail step 2, or the reverse. Entity registries generally only check for "same or deceptively similar" names within their own database and their own state/jurisdiction — Delaware won't stop you from registering a name that's trademarked and actively used by a company in Texas. That's the gap that catches people out.

What "deceptively similar" actually means

Most US states reject a name if it's identical or nearly identical to an existing active entity in that state, with punctuation, capitalization, and entity suffixes (Inc., LLC, Corp.) stripped out for comparison. "Bright Path Consulting LLC" and "Brightpath Consulting, Inc." will usually collide. Adding a generic word like "Group" or "Solutions" sometimes isn't enough distance — reviewers look at the dominant, distinguishing words. Companies House uses a similar "same as" test plus a "sensitive words" list (words like "Royal," "Chartered," "Association," or anything implying a government connection) that require extra permission to use.

Step 2: Understand the Difference Between a Legal Name and a Trading Name (DBA)

This is the single most common confusion we field.

Legal entity name — the name on your Articles of Organization/Incorporation, your EIN paperwork, your bank account, and every contract you sign. Changing it later means amending your formation documents with the state (and usually a fee of $20–$150 depending on the state) and updating your EIN records with the IRS.

DBA / trade name / "operating as" — a name you use publicly that differs from your legal name, registered separately so the public record shows who's actually behind the storefront or website. In the US this is called "Doing Business As," a fictitious name, or an assumed name depending on the state. In the UK, sole traders and partnerships routinely trade under a name that isn't their personal legal name, but — importantly — the UK doesn't have a formal DBA registration system the way the US does. Instead, the rule is disclosure: your trading name must appear alongside your real name (or your registered company name) on invoices, letterheads, and at your business premises, per the Business Names Act requirements enforced through Companies House guidance.

Why bother with a DBA at all if you already have an LLC? Three common reasons:

• You run multiple brands or product lines under one legal entity and don't want to form (and pay for) a separate LLC for each.
• Your legal name is a placeholder ("123456 Ontario Inc." is a real, common default in Canada when you incorporate without pre-clearing a name) and you need something client-facing.
• You're a sole proprietor who wants a business-sounding name without the cost of forming an LLC yet.

DBA filing in the US happens at the county or state level (varies by state — some states like California require county-level filing plus a newspaper publication step within 30 days), typically costs $10–$100, and usually needs renewal every 1–5 years. It does not create a separate legal entity, doesn't shield personal liability, and doesn't give you exclusive trademark-style rights — it's a disclosure filing, full stop.

Step 3: Register With Your State or Companies House

United States

Once you've picked a name and confirmed availability, name registration typically happens as part of forming the entity itself — you don't file a name separately from your LLC or corporation paperwork (with the exception of a name reservation, described below).

Delaware, Nevada, and Wyoming are popular for formation cost and privacy but don't assume they're cheapest overall once you add the registered agent fee (usually $50–$300/year) and foreign qualification costs if you're actually operating in a different state.

United Kingdom

Companies House name registration is bundled into incorporation via Form IN01 (usually filed online through Companies House WebFiling or a formation agent), costing £50 for standard same-day-ish online processing or £12 for the standard digital route, with a same-day premium service at £78. Sole traders don't register a company name with Companies House at all — you just need to register with HMRC for Self Assessment and follow the trading-name disclosure rules mentioned above.

Canada

You can incorporate federally (via Corporations Canada, ~CAD $200 online) or provincially. Federal incorporation requires either a NUANS name search report (about CAD $13–$50, valid 90 days) or you can choose a numbered company to skip the name approval process entirely and add a name later.

Australia

ASIC business name registration costs AUD $44 for one year or AUD $102 for three years, separate from company registration (AUD $597 for a proprietary limited company as of recent ASIC fee schedules — always check the current ASIC fee page, these adjust annually).

Step 4: Trademark Clearance — the Step Everyone Skips

Registering your entity name gives you almost no trademark protection. It stops someone else in your state from registering the identical entity name; it does nothing to stop a company in another state, or an online competitor, from using the same brand name for similar goods or services and potentially forcing you to rebrand later — even if you registered your LLC first.

A proper trademark clearance search, before you commit budget to branding, checks:

• Exact and phonetic matches in the trademark database
• Similar marks in your specific class of goods/services (trademarks are registered by "class" — Class 25 for clothing, Class 42 for software services, etc.)
• Common-law use — unregistered but actively used marks, found via general web and business-directory searches

If you're serious about a name, a full clearance search (attorney-run or through a service like CompuMark) costs $300–$1,500 in the US and is worth it before you spend five figures on a rebrand later. Filing the trademark itself through the USPTO costs $250–$350 per class under the TEAS system; UK IPO filing is £170 for one class online; IP Australia charges AUD $250–$400 per class via TM Headstart or standard filing.

Step 5: Lock Down the Domain and Handles

Once the name clears legal and trademark checks, move fast on digital assets — squatters and opportunistic resellers move faster than most founders expect once a company announcement or funding round becomes public. Priorities in order:

1. Your exact-match .com (or local ccTLD if that's your primary market)
2. Business email on that domain (never launch on a free Gmail address if you can help it — it undercuts trust immediately)
3. The core social handles even if you won't post yet — reserving costs nothing but a few minutes
4. Consider defensive registration of obvious misspellings or the .net/.co variant if budget allows, though this isn't essential for most small businesses

Common Rejection Reasons — What Actually Gets Filings Bounced

We see the same handful of issues repeatedly:

• Too similar to an existing registered name in that state/jurisdiction, even with a different suffix (LLC vs Inc doesn't count as distinguishing).
• Restricted or sensitive words used without authorization — "Bank," "Trust," "Insurance," "University," "Federal," "Olympic," or in the UK, words on the Companies House sensitive words list, often require a letter of no objection from a regulator before approval.
• Missing required entity designator — most states require "LLC," "L.L.C.," "Limited Liability Company," or the equivalent to appear in the actual filed name.
• Punctuation and formatting mismatches on the filing itself versus what was searched — a missing comma or an ampersand instead of "and" can trigger a manual review delay.
• UK-specific: "same as" test failures where Companies House deems a name too close to an existing one even with different generic words attached.
• Name implies a connection to government or royalty without the required permission letter.
• Non-English or special characters that the filing system's database can't process correctly, causing automatic rejection or a request to refile.

Most rejections cost you time, not money outright — but time matters when you've already told a bank, a landlord, or your first customer what the business is called. Run the searches, understand which of the four layers (entity, DBA, trademark, digital) you actually need, and file them in the right order.

FAQ

Do I need a trademark if I already registered my LLC name?

No, they're unrelated. LLC/company registration only prevents duplicate names within that state or jurisdiction's registry. Trademark registration is the only thing that gives you enforceable rights to stop competitors nationwide (or in other trademark classes) from using a confusingly similar name for similar goods or services.

Can two businesses have the same name in different states?

Yes, in the US this happens constantly, since each state maintains its own entity registry. It becomes a legal problem only if one party holds a federal trademark, or if the businesses start operating in the same state or online market and consumer confusion becomes an issue.

How long does business name registration take?

US entity filings with an included name registration typically take anywhere from same-day (with expedited fees) to 2–3 weeks depending on the state. UK Companies House online filings are usually approved within 24 hours. Canada's federal NUANS-based incorporation can be same-day online. Australia's ASIC registrations are typically processed within a business day online.

What's the difference between a trade name and a trademark?

A trade name (or DBA) identifies who's operating a business for public disclosure and registry purposes — it doesn't grant exclusive rights. A trademark is an intellectual property right that lets you legally prevent others from using a confusingly similar name, logo, or slogan for related goods or services.

Do sole proprietors need to register a business name?

In the US, sole proprietors operating under anything other than their own personal legal name generally need a DBA filing at the county or state level. In the UK, sole traders don't file a name registration but must disclose their real name alongside any trading name on official documents. In Canada and Australia, similar business-name registration requirements apply even without forming a company.

What happens if I don't register my trade name?

Depending on jurisdiction, operating under an unregistered trade name can mean you can't open a business bank account under that name, can't legally enforce contracts signed under it in some states, and may face fines from the state or local authority for non-disclosure — separate from any trademark risk.