The state search takes two minutes and tells you whether you can file. It does not tell you whether you can build a brand on the name — a different question with a different database.
What every state requires
- An entity marker. "LLC", "L.L.C." or "Limited Liability Company" must appear in the legal name.
- Distinguishable from existing entities registered in that state. Adding "The" or changing punctuation usually does not count as distinguishable.
- No implication of a regulated activity you are not licensed for — "Bank", "Insurance", "Trust" and similar are restricted nearly everywhere.
- No implication of government affiliation.
Availability is per state. The same name can exist in Wyoming and New Mexico as unrelated companies.
Run the searches in this order
- The state business register — can you file it at all?
- The USPTO trademark database — is someone already using it for similar goods or services?
- The domain — is the .com available, or an acceptable alternative?
- Social handles — consistent across the platforms you will use?
Doing step one first and stopping there is the common mistake. The state register only knows about registered entities in that state; a national trademark holder who never registered an LLC in Wyoming will not appear in it.
Why trademark search matters more
A state filing gives you the right to operate under that name in that state. A trademark gives someone the right to stop you using a confusingly similar mark for related goods or services across the country.
The USPTO's search is free. Look for identical and similar marks in your category — "Kelhos" and "Kelhoz" selling the same service are a conflict, not a coincidence.
Legal name versus trading name
Your legal name is what appears on the formation certificate and your EIN letter. You can trade under a different name by registering a DBA — "doing business as", sometimes called a fictitious or assumed name.
This is useful when you want "Kelhos Brand LLC" on contracts and "Kelhos" on the website, or when one company runs two product lines. It is a state-level registration, usually cheap, and it does not create a separate entity or separate liability.
Practical naming advice
- Short and spellable. You will read it over the phone to a bank.
- Avoid geography you might outgrow. "Wyoming Digital LLC" is awkward when you operate from Morocco.
- Avoid naming a single product unless you are certain the company is only ever that product.
- Check how it reads in your own language if you will use it in more than one market.
- Avoid hyphens and numbers — they cause endless spelling corrections.
Reserving a name
Most states let you reserve a name for a period — typically 60 to 120 days — for a small fee. Worth it only if you have a genuine reason to delay filing. If you are ready to form, filing reserves the name by definition.
Changing it later
Possible. You file an amendment with the state, then update the IRS, your bank, your processor, your contracts and your website. The filing is cheap; everything downstream is the real cost. Which is the argument for spending an extra hour on the search now.
Once the name is settled, the filing itself is step three in forming a US LLC from abroad.