Can two businesses have the same name?
Last updated .
Yes, and it happens constantly. Business names are registered state by state. The same name can sit on the register in a dozen states at once, held by unrelated companies who have never heard of each other.
This is not a technicality. We hold complete copies of the New York and Pennsylvania registers, and comparing the two, 176,900 names are registered in both. Not similar names. The same name, on both registers, at the same time.
Why the registers work this way
There is no national business register in the United States. Each state runs its own, and each applies its own test to new filings. The test is almost always distinguishability: your name has to be distinguishable on the record from names already registered in that state. What Delaware has on file is irrelevant to a filing in Oregon.
That is why a name can be refused in one state and accepted in the next, and why checking one state tells you nothing definitive about another.
What actually blocks your filing
- An identical name in the same state. Refused essentially everywhere.
- A name that is not distinguishable. Adding LLC, changing a comma, or pluralising a word usually does not create distinguishability. States differ on how close is too close, and many will not tell you in advance.
- A restricted word without consent. Bank, trust, insurance and similar need regulatory approval first.
- A name reserved by someone else. Reservations are not always visible in a public search, which is one reason a clear search is not a guarantee.
What does not block it
- The same name registered in another state, in most cases.
- A dissolved company’s name, once any hold period has passed.
- An unregistered business trading under the name, as far as the state register is concerned — though that business may still have common law rights.
The part people miss
None of this touches trademarks. A federal mark applies nationwide regardless of which state registers hold the name, so a name can be available in your state, accepted by the state, and still infringe. The state will not check that for you and will not warn you. We hold 3,374,058 federal marks and have measured how often the two registers collide, which is why this matters more than it sounds.
The practical order
- Check the state you intend to file in.
- Check the federal trademark register.
- Check the states you actually plan to operate in, if any, because you will have to register there as a foreign entity and the same distinguishability test applies again.
- Checking all fifty is rarely useful otherwise.
What a second registration costs, by state
If you do need the name in more than one state, this is what each one charges and how long it takes.
| Jurisdiction | LLC filing fee | Expedited | Typical processing | Official search |
|---|---|---|---|---|
| Alabama | $200 | $100 | 3-5 business days | arc-sos.state.al.us |
| Alaska | $250 | $100 | 10-15 business days | commerce.alaska.gov |
| Arizona | $50 | not offered or not published | 14-16 business days | ecorp.azcc.gov |
| Arkansas | $45 | $25 | 3-5 business days | sos.arkansas.gov |
| California | $70 | $350 | 5-7 business days | bizfileonline.sos.ca.gov |
| Colorado | $50 | not offered or not published | Immediate for online filings | coloradosos.gov |
| Connecticut | $120 | not offered or not published | 5-7 business days | service.ct.gov |
| Delaware | $110 | not offered or not published | 3-5 weeks | icis.corp.delaware.gov |
| District of Columbia | $99 | $220 | 4-5 business days | corponline.dcra.dc.gov |
| Florida | $100 | $50 | Processed in the order received | search.sunbiz.org |
| Georgia | $110 | not offered or not published | 7 to 10 business days online, 15 business days paper | ecorp.sos.ga.gov |
| Hawaii | $50 | not offered or not published | Not specified | hbe.ehawaii.gov |
| Idaho | $100 | not offered or not published | 5-7 business days | sosbiz.idaho.gov |
| Illinois | $500 | not offered or not published | 5-10 business days | apps.ilsos.gov |
| Indiana | $95 | $50 | 7-10 business days | bsd.sos.in.gov |
| Iowa | $50 | $25 | 5-10 business days | sos.iowa.gov |
| Kansas | $85 | $40 | within minutes for online filing | kansas.gov |
| Kentucky | $40 | $10 | 4-6 business days | sos.ky.gov |
| Louisiana | $100 | not offered or not published | routine processing (no specific timeframe given) | coraweb.sos.la.gov |
| Maine | $175 | $50 | 35-40 business days | apps1.web.maine.gov |
| Maryland | $100 | not offered or not published | 4-6 weeks (paper), 6-8 weeks (online non-expedited), 3-4 weeks current | egov.maryland.gov |
| Massachusetts | $500 | not offered or not published | 5-10 business days | corp.sec.state.ma.us |
| Michigan | $50 | $50 | 7-10 business days | mibusinessregistry.lara.state.mi.us |
| Minnesota | $155 | not offered or not published | 5-7 business days | mblsportal.sos.state.mn.us |
| Mississippi | $50 | $50 | 3-5 business days | corp.sos.ms.gov |
| Missouri | $50 | not offered or not published | 5-10 business days | bsd.sos.mo.gov |
| Montana | $35 | not offered or not published | 2 weeks | biz.sosmt.gov |
| Nebraska | $100 | $50 | approximately a week for document review | nebraska.gov |
| Nevada | $425 | $125 | 2-3 weeks | esos.nv.gov |
| New Hampshire | $100 | $25 | within 30 days | quickstart.sos.nh.gov |
| New Jersey | $125 | not offered or not published | 3-5 business days | njportal.com |
| New Mexico | $50 | $100 | 1-3 business days | enterprise.sos.nm.gov |
| New York | $200 | not offered or not published | 2-3 weeks | apps.dos.ny.gov |
| North Carolina | $125 | $100 | 5-10 business days | sosnc.gov |
| North Dakota | $135 | $20 | 5-7 business days | firststop.sos.nd.gov |
| Ohio | $99 | $100 | 5-7 business days | businesssearch.ohiosos.gov |
| Oklahoma | $104 | $25 | about 15 minutes | sos.ok.gov |
| Oregon | $100 | $50 | 5-10 business days | sos.oregon.gov |
| Pennsylvania | $125 | $100 | 7-10 business days | file.dos.pa.gov |
| Rhode Island | $150 | $50 | 5-7 business days | business.sos.ri.gov |
| South Carolina | $110 | $50 | 5-7 business days | businessfilings.sc.gov |
| South Dakota | $150 | not offered or not published | normal course of business | sosenterprise.sd.gov |
| Tennessee | $300 | $100 | 5-10 business days | tncab.tnsos.gov |
| Texas | $300 | $25 | 10-12 business days (online SOS Direct), 13-15 business days (online SOS Upload), 4-8 weeks plus mail time (paper) | comptroller.texas.gov |
| Utah | $59 | $75 | 5-7 business days | businessregistration.utah.gov |
| Vermont | $155 | $25 | 7-10 business days for mail filings, less than 1 business day for online filings | bizfilings.vermont.gov |
| Virginia | $100 | $200 | 24 hours online | cis.scc.virginia.gov |
| Washington | $180 | not offered or not published | 5-10 business days | ccfs.sos.wa.gov |
| West Virginia | $130 | not offered or not published | 5-7 business days | apps.sos.wv.gov |
| Wisconsin | $130 | not offered or not published | 5-10 business days | apps.dfi.wi.gov |
| Wyoming | $100 | $100 | Up to 15 business days | wyobiz.wyo.gov |
Common questions
Can two LLCs have the same name in different states?
Yes, and it is common. Each state keeps its own register and neither consults the other, so the same name can sit on a dozen registers at once held by unrelated companies.
Can two businesses have the same name in the same state?
Not if they are distinguishable-name conflicts, which is what the state checks. A different entity type or a slightly different designator is sometimes enough, and sometimes is not. The state makes that call when it reviews the filing.
What happens if someone else already uses my business name?
In another state, usually nothing, unless they hold trademark rights. Trademark is federal and does not respect state lines, which is why a name can be free on every register and still be a problem.
You can check a name against all 50 states and the District of Columbia from the search on our home page. Every result links back to the state office that holds the record.
Sources reviewed
The sources below were retrieved and confirmed in August 2026. Filing requirements and fees change with legislative sessions and agency rulemaking; check the state’s own page before acting on anything here. This page is general information, not legal or tax advice.
- EntityFinder’s own copies of the state business registers, refreshed nightly from each state’s published open data.
- Filing fees and processing times published by each Secretary of State or equivalent business filing office.
- Official business entity search portals for all 51 jurisdictions, each retrieved and confirmed to resolve. The full list appears in the table above.
Related
Other questions about the name itself, and the registers they apply to: