I'm getting ready to file for an LLC in my state and I want to make sure the name I picked isn't already taken before I pay the filing fee. I've looked on the Secretary of State website but I'm not 100% sure I'm using it right. Is there a free way to check? And what happens if I file and the name is already in use?
Trying to check an LLC name before spending money on filing
The Secretary of State business search is usually the official source. If you're on the right page and search the exact name, it should show any existing registrations. But check for similar names too, not just the exact one. Some states consider names too similar to be allowed.
What state are you in? Some states have better search tools than others. In my state, you have to search the business entity database and also check the assumed name database separately.
i just went through this. the sos search is free but you have to know what you're looking for. if the name is already registered, it will show up. but it might not catch najes that are reserved but not yet active.
You can also call the Secretary of State's office. They can usually tell you over the phone if a name is available, though they might not guarantee it. I did that before filing and it saved me from picking a name that was already taken.
If you file and the name is already in use, the state Will typically reject your filing and you'll have to pick a new name. You might lose the filing fee depending on the state's policy. So it's worth checking thoroughly first.
Also check the trademark database if you plan to use the name nationally. Even if the state allows it, someone might have a federal trademark that prevents you from using it.
The sos search is the way to go. just make sure you're searching under the right category. some states have separate searc hes for corporations, LLCs, and partnerships. if you search only one category, you might miss something.
I'd recommend hiring a registered agent service. They often include a name check as part of their service and can tell you if the name is available. It might cost a little, but it's less than refiling if you get rejected.
What's the name you're thinking of? Sometimes people on here can tell you if they've seen it around, though that's not official.
I used a free name check tool online but it turned out to be outdated. The state database is the only reliable source. Don't trust third-party sites for accuracy.
In my experience, the state's search is usually fine. But you should also do a quick Google search for the name to see if there's an existing business using it, even if not registered in your state. That could cause confusion later.
If you're worried about spending money, some states allow you to reserve a name for a small fee before filing. That holds the name for a certain period while you prepare your paperwork. It's cheaper than filing and getting rejected.
I would just call the state office. They're usually helpful and can confirm availability. I did thaft and they even pointed out a similar name that might have been an issue.
Don't forget to check if the name is available as a domain name too. Even if the LLC name is free, you might want the .com. That's a separate check but worth doing before before you commit.
The sos search is free and official. Just make sure you're on the right website. Some states have .gov sites, others Have .us or .org. Look for the official secretary of state page.
I think the op might be overthinking it. The search is pretty straightforward. Just type the name and see if it comes up. If it doesn't, you're probably fine. But yeah, check similar names too