StartupOwl

StartupOwl is reader-supported. We may earn a commission when you click links on this page - at no extra cost to you.

Step-by-Step Guide·Feb 24, 2026

How to Register a Business Name

Register your business name the right way. This guide covers DBA filings, entity registration, name reservations, and exact costs for all 50 states.

Feb 24, 202612 min read
Eliot Reynolds
Written byEliot Reynolds
Senior Legal Researcher & Business Analyst

In This Article

6 sections
0%
Key Takeaways
  • DBA registration costs $10 to $150; LLC formation costs $35 to $500 by state.
  • Name reservation holds your name for 30 to 120 days for $10 to $50.
  • Federal trademark registration starts at $350/class and takes 12 to 18 months.
  • EIN application is free on IRS.gov and takes about 10 minutes online.

7

Total Steps

$10–$850

Est. Total Cost

1 to 4 weeks (same-day with expedited processing in some states)

Timeline

Easy to Moderate

DIY Difficulty

Registering your business name is one of the first legal steps you will take as a new business owner, and the process (plus cost) depends on your business structure and state. A simple DBA filing can cost as little as $10 in Iowa or up to $150+ in New York City once you add county fees. If you are forming an LLC or corporation, your business name gets registered automatically when you file formation documents, which run $35 to $500 depending on your state.

Overview of business name registration methods: DBA, LLC, corporation, and trademark
Four ways to register a business name and when to use each

This guide walks you through every step: choosing a name, checking availability, filing the right paperwork, and protecting your name with an optional federal trademark. You will get real dollar amounts, exact filing URLs, and the most common mistakes that delay or derail your registration.

Before you start the registration process, gather these essentials. Missing even one can delay your filing or cause a rejection.

Seven-step process diagram for registering a business name from start to finish
Your business name registration process in seven steps

Your pre-registration checklist:

  • Business structure decision: Sole proprietorship, LLC, corporation, or partnership. This determines your filing path.
  • 2-3 name options: Have backups ready. Your first choice may already be taken.
  • Registered agent info: For LLCs and corporations, you need a registered agent with a physical address in your state. Learn about options in our best registered agent services guide.
  • Principal business address: This goes on your formation documents and becomes public record in most states.
  • Member or officer information: Names and addresses of LLC members, corporate directors, or partners.
  • Payment method: Most states accept credit/debit cards for online filing. Some still require checks for mail-in filings.
  • SSN or ITIN: The organizer's Social Security Number is typically required on formation documents.

If you are filing a DBA, you need less: just your personal info, the fictitious name, and your business address. DBA filings are simpler and faster than entity formations.

Step-by-Step Process

  1. 1

    Choose Your Business Structure First

    Your business structure determines how (and where) you register your name. If you are a sole proprietor or general partnership using a name other than your own, you file a DBA. If you are forming an LLC or corporation, your name gets registered when you file formation documents with the Secretary of State.

    This matters for cost and complexity. A DBA in Texas costs $15 to $25 at the county level. An LLC in Texas costs $300 to file with the Secretary of State. If you need liability protection, the LLC is worth the extra cost. If you just need a trade name for a freelance gig, a DBA works fine. Check our sole proprietorship vs LLC comparison and our complete guide to business entity types to decide.

    $0 (research only)1-3 days No filing at this step. Use SBA.gov's Choose a Business Structure page for guidance.

    Common Mistakes

    • Choosing a sole proprietorship with a DBA when your business has real liability exposure (get an LLC instead)
    • Skipping this step entirely and filing a DBA when you actually need an LLC for asset protection
  2. 2

    Pick a Business Name That Meets State Rules

    Every state has naming rules. If you are forming an LLC, your name must include "LLC" or "Limited Liability Company" in most states. Corporations must include "Inc.," "Corp.," or a similar designator. You also cannot use restricted words like "Bank," "Insurance," or "Trust" without special approval from a regulating agency.

    Beyond legal requirements, pick a name that works as a domain name and is not already trademarked. Check the USPTO trademark database to avoid conflicts with nationally registered marks. Also check that a matching ".com" domain is available or affordable. A good business name is distinct, easy to spell, and clearly signals what you do.

    $0 (free research)1-5 days USPTO TESS database for trademark search; GoDaddy or Namecheap for domain availability

    Common Mistakes

    • Choosing a name too similar to an existing trademark, which can force a costly rebrand later
    • Forgetting to include the required legal designator (LLC, Inc.) in the entity name
    • Not checking domain availability before committing to a name
  3. 3

    Search Your State's Business Name Database

    Before you file anything, confirm your name is available in your state's business entity database. Every Secretary of State office maintains a searchable online database where you can check for free. In New York, you can also submit a formal name availability inquiry for $5 per name through the Department of State.

    Search for exact matches and close variations. States reject names that are not "distinguishable" from existing entities on file. If your first choice is taken, try adding a geographic modifier, a descriptor, or a slightly different word order. Here are the key search portals for the five highest-traffic states:

    $0 in most states; $5 per name in New York for formal inquirySame day (online search is instant) Your state Secretary of State website (see list above)

    Common Mistakes

    • Relying solely on an online database search, which may have a lag in updating (California recommends also submitting a Name Availability Inquiry Letter)
    • Assuming an available state name means no one else is using it nationally (always check the USPTO trademark database too)
  4. 4

    Reserve Your Name (Optional but Recommended)

    If you are not ready to file your formation documents yet, reserve your name to prevent anyone else from taking it. Most states charge $10 to $50 for a reservation that lasts 30 to 120 days. This is especially smart if you are still setting up your operating agreement, finding a registered agent, or securing funding.

    State-specific reservation fees and durations:

    • California: $10, holds for 60 days
    • Texas: $40, holds for 120 days
    • New York: $20, holds for 60 days
    • Florida: Check Sunbiz for current fee
    • Delaware: Filed at county level; fee varies

    Name reservations are not required, but they are cheap insurance. If someone registers your chosen name while you are still preparing paperwork, you lose it and any branding investment you have made.

    $10-$50 (varies by state)Same day to 7 business days State Secretary of State office (online or by mail)

    Common Mistakes

    • Letting the reservation expire without filing your formation documents (you lose the name and the fee is non-refundable)
    • Making financial commitments (signage, branding, advertising) based on a name reservation before the entity is actually formed
  5. 5

    File Your Business Name Registration

    This is the main event, and the process depends on your structure. For an LLC, you file Articles of Organization with your state's Secretary of State. For a corporation, you file Articles of Incorporation. For a DBA (sole proprietorship or partnership), you file a fictitious name statement with your county clerk or state office, depending on the state.

    Key filing costs for the five most popular states:

    • California LLC: $70 filing fee (plus $800/year franchise tax starting year one)
    • Texas LLC: $300 filing fee via SOSDirect
    • Florida LLC: $125 filing fee via Sunbiz
    • New York LLC: $200 filing fee (plus mandatory publication requirement costing $600 to $1,500)
    • Delaware LLC: $110 filing fee

    For DBA filings, costs are much lower. Texas charges $25 at the Secretary of State level for LLCs and corporations, or $15 to $25 at the county level for sole proprietors. Florida charges $50 for a fictitious name filing. California DBA fees range from $10 to $100 depending on your county, plus mandatory newspaper publication. If you prefer not to handle the paperwork yourself, check our best LLC formation services comparison.

    $10-$500 (DBA: $10-$150; LLC: $35-$500; Corp: $50-$500)1-10 business days for standard processing; same-day expedited available in many states Secretary of State for LLCs/corporations; county clerk for DBAs (varies by state)

    Common Mistakes

    • Filing LLC formation documents with a misspelled name (filing fees are non-refundable and you will need to file an amendment for an additional $25 to $150)
    • Not designating a registered agent on the formation document, which causes automatic rejection in every state
    • In New York, forgetting the mandatory publication requirement (you must publish in two newspapers within 120 days of formation)
  6. 6

    Apply for Your EIN from the IRS

    After your business name is registered, apply for an Employer Identification Number (EIN). This is a 9-digit number that works like a Social Security number for your business. You need it to open a business bank account, hire employees, and file tax returns. The application is 100% free on the IRS website.

    The online application takes about 10 minutes, and you receive your EIN immediately upon completion. You can also apply by mail using Form SS-4, but that takes 4 to 6 weeks. Sole proprietors without employees can technically use their Social Security number, but getting an EIN is free and keeps your SSN off business documents. Never pay a third-party service to get an EIN; it is always free directly from the IRS.

    $0 (free from IRS)Immediate (online); 4-6 weeks (by mail) IRS.gov EIN Online Application

    Common Mistakes

    • Paying a third-party service $50 to $100 for something that is free directly from the IRS
    • Applying for the EIN before your entity is officially formed with the state (you need the legal entity name and formation date first)
  7. 7

    Complete Post-Registration Tasks

    Your name is registered and you have an EIN. Now handle the remaining setup tasks that protect your business and keep you in compliance:

    • Open a business bank account: Required for LLCs and corporations; keeps personal and business finances separate. Compare options in our best business bank accounts guide.
    • Get a registered agent: Every LLC and corporation needs one. You can serve as your own or hire a service for $100 to $300/year. See our best registered agent services comparison.
    • File for state tax registration: Register with your state's Department of Revenue for sales tax, payroll tax, or other applicable taxes.
    • Check local licenses and permits: Many cities and counties require a general business license (typically $50 to $250).
    • Consider a federal trademark: If you plan to operate beyond your state, trademark registration (starting at $350 per class) gives you nationwide protection. The process takes 12 to 18 months through the USPTO.

    Stay on top of LLC annual report requirements to keep your entity in good standing. Missing your annual report deadline can result in late fees or administrative dissolution of your business.

    $0-$650+ (bank account: free; registered agent: $0-$300/yr; trademark: $350+)1-2 weeks for bank account and state tax registration; 12-18 months for trademark Your bank (for accounts); state Department of Revenue (for taxes); USPTO (for trademark)

    Common Mistakes

    • Not opening a separate business bank account, which can pierce your LLC's liability protection
    • Skipping state tax registration and getting hit with late penalties when sales tax is due
    • Forgetting to file your LLC's annual report, which can cost $50 to $400 in late fees and may lead to administrative dissolution

Your total cost depends on two things: your business structure and your state. A sole proprietor filing a DBA might spend as little as $10 total. An LLC owner in New York could easily spend $800 or more once you add the mandatory publication requirement.

Bar chart comparing business name registration costs across five major states
Name registration costs vary widely by state and structure

Here is the real math for the five highest-traffic states:

  • California: LLC formation is $70, but the $800/year franchise tax kicks in immediately, even if you earn nothing. A DBA costs $10 to $100 at the county level plus $40 to $150 for mandatory newspaper publication.
  • Texas: LLC formation is $300 through SOSDirect. No ongoing franchise tax if your revenue stays under $2.47 million. DBA filings are $25 at the Secretary of State level.
  • Florida: LLC formation is $125. Annual report costs $138.75 and is due by May 1 each year (late fee is $400). DBA (fictitious name) is $50.
  • New York: LLC formation is $200. But the publication requirement adds $600 to $1,500+ depending on your county (Manhattan is the most expensive).
  • Delaware: LLC formation is $110. Annual alternative-entity tax is $300, due June 1.

DIY vs. formation service comparison: Doing it yourself saves $39 to $300 in service fees but requires you to research your state's specific forms, naming rules, and deadlines. Formation services like those in our best LLC formation services comparison handle paperwork for as little as $39 plus state fees.

No two states handle business name registration the same way. Here are the biggest differences you need to know.

DBA filing location (state vs. county):

  • California: DBAs are filed at the county clerk level. Fees range from $10 to $100 by county. You must publish in a local newspaper within 30 days of filing, then file an affidavit of publication within 30 days of the last publication date. The DBA is valid for 5 years.
  • Texas: Corporations, LLCs, LPs, and LLPs file DBA (assumed name) certificates with the Secretary of State for $25. Sole proprietors and general partnerships file at the county clerk for $15 to $25.
  • Florida: DBAs (fictitious names) are filed with the state Division of Corporations for $50. Publication in a local newspaper is also required.
  • New York: DBAs are filed with the county clerk. The fee starts at $25 but varies by county and business type. Corporations in NYC boroughs pay an additional $100 per county.
  • Delaware: DBAs (trade names) are filed at the county level for about $25.

Publication requirements: Three states require new LLCs to publish a notice of formation in local newspapers: New York, Arizona, and Nebraska. New York's requirement is the most burdensome: you must publish in two newspapers for six weeks, which can cost $600 to $1,500+. California requires DBA publication but not LLC publication. Check our LLC annual report guide for ongoing compliance requirements state by state.

If you plan to operate in a state other than where you formed your entity, you will need to register as a foreign LLC in that state, which means additional filing fees and compliance obligations.

Most business name registrations are completed within 1 to 3 weeks. The main variable is your state's processing speed and whether you pay for expedited filing.

Standard processing times by state:

  • California: 3 to 5 business days online
  • Texas: 3 to 5 business days via SOSDirect
  • Florida: 1 to 3 business days online through Sunbiz
  • New York: 7 to 10 business days (plus 120 days for the mandatory publication process)
  • Delaware: 3 to 5 business days standard; same-day for $100 to $300 expedited

Expedited options: California offers 24-hour turnaround for $350 and same-day for $750. New York offers 24-hour processing for $25 extra, same-day for $75, and 2-hour for $150. Delaware and Wyoming offer same-day processing for a premium.

Post-filing timeline: Your EIN application is instant online. Opening a business bank account takes 1 to 3 business days. If you pursue federal trademark registration, expect a 12 to 18 month timeline from application to registration.

These mistakes cost real money and real time. Avoid them and your registration will go smoothly.

Five common mistakes when registering a business name shown as icon cards
Avoid these five costly name registration mistakes

1. Not checking name availability before filing. State filing fees are non-refundable. If your name is too similar to an existing entity, the state will reject your application and you lose your fee. Always search the Secretary of State database first.

2. Filing a DBA when you actually need an LLC. A DBA is just a name alias. It provides zero liability protection. If someone sues your business, your personal assets (home, car, bank accounts) are at risk. If you have any real liability exposure, form an LLC. Compare the two in our sole proprietorship vs LLC comparison.

3. Forgetting mandatory publication requirements. In New York, you must publish your LLC formation notice in two newspapers within 120 days. Miss this and you lose your authority to conduct business. Arizona and Nebraska have similar (though less expensive) rules.

4. Confusing state vs. county DBA filing. In Texas, LLCs file their DBA with the Secretary of State, but sole proprietors file at the county level. In California, all DBAs go through the county clerk. Filing in the wrong place wastes your time and fee.

5. Not registering as a foreign entity in other states. If you form an LLC in Delaware but operate in California, you must also register as a foreign LLC in California. That means double filing fees and double compliance. For most small businesses, forming in your home state is the smarter move.

6. Paying for an EIN. Your EIN is always free from the IRS. Some third-party services charge $50 to $100 for something that takes 10 minutes and costs nothing.

7. Skipping the operating agreement. While not related to name registration specifically, forming an LLC without an operating agreement means your state's default LLC rules govern your business. Some states (California, Delaware, Missouri, New York) legally require you to have one, even though you do not file it with the state.

Frequently Asked Questions

This content is for informational purposes only and does not constitute legal or tax advice. Business formation laws vary by state and change frequently. Consult a qualified attorney or CPA for advice specific to your situation before making any entity formation or tax election decisions.

Sources & References

About the Author

Eliot Reynolds
Eliot Reynolds

Senior Legal Researcher & Business Analyst

Eliot combines decades of boots-on-the-ground small business management with deep expertise in legal consulting. Building his career in New Jersey, he spent years helping local, brick-and-mortar startups navigate the complex web of municipal, state, and federal regulations. He isn't a high-tower academic; he's a street-smart consultant who has personally walked hundreds of entrepreneurs through the structural and legal growing pains of running a business.

LinkedIn

Was this article helpful?