Step 1 — Domain availability
Start with the .com. If the exact match is parked at a sane price (typically under five figures), it's usually worth buying. If it's six figures or higher, evaluate brandable alternatives: a one-word .ai or .io, or a clean prefix like get[name].com, use[name].com, or [name]hq.com.
Avoid hyphens and creative spellings. Every extra second of pronunciation friction costs you signups.
Step 2 — Social handle availability
You only need the two platforms you'll actually use. For most startups in 2026 that's Instagram + LinkedIn or TikTok + X. Don't hold the name hostage to a Pinterest handle you'll never use.
Check the matching handle on each, and confirm there's no abandoned account with the exact spelling that will confuse customers.
Step 3 — State business entity search
Your state's Secretary of State runs a free entity search. Search the brandable core (without 'LLC'). If a clearly identical or confusingly similar registered entity exists, your filing will get rejected.
If you're forming in Delaware, Wyoming, or another out-of-state jurisdiction, run the search in both your formation state and your operating state.
Step 4 — Federal trademark search
Run a quick TESS search at uspto.gov. Look for live trademarks in your Nice class — registrations in a different class (mugs vs. software) usually don't conflict.
If you find a live mark in your class with the same or confusingly similar name, walk away. Rebranding after a cease-and-desist is one of the most expensive mistakes a founder can make.
Step 5 — Google and AI search collision check
Search the brandable name in Google, then ask one large language model 'who is [name]?' If the first page of Google or the AI answer surfaces a well-established company, you'll spend years competing for your own brand.
If the SERP is clean, you have a name worth filing.
Questions founders ask
What counts as 'confusingly similar' for trademarks?
Names a reasonable consumer might mistake for each other in the same industry. The USPTO weighs spelling, sound, meaning, and the channels of trade. When in doubt, talk to a trademark attorney — most offer flat-fee searches.
Do I need to register a trademark to use a name?
No — common-law trademark rights exist as soon as you use a name commercially. But federal registration gives you nationwide priority and a much stronger enforcement position. Most funded startups register within their first year.
What if the domain is taken but unused?
Use a domain broker to make a private offer, or pick a brandable alternative. Don't email the registered owner directly with your strongest budget — prices double when sellers know you want it badly.
Should I run all five checks on every shortlist name?
Yes — running them on three candidates costs you 30 minutes. Skipping them costs you a rebrand.
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