To buy an LLC name, you either reserve an unclaimed name with your state’s business filing office for a small fee and then form the LLC to keep it, or, if another business already holds the name, you negotiate privately with that owner to buy their LLC, have them rename or dissolve it, or transfer their reservation to you. State filing offices don’t broker name sales, so anything beyond a plain reservation is a private deal.
Confirm the Name Is Actually Available
Before you spend anything, run three separate checks. Each one covers a different risk, and clearing one does not clear the others.
Start with your state’s business entity database, usually on the Secretary of State’s website. The name has to be distinguishable from every other business already on file, and distinguishable is a higher bar than just spelled differently. Adding a comma, swapping “and” for “&,” or tacking “LLC” onto an otherwise identical name won’t work. If “Bridgewater Consulting LLC” is registered, “Bridgewater Consulting Group LLC” will likely be rejected. Search for exact matches first, then for names using the same distinctive word.
Next, search federal trademarks at the USPTO’s Trademark Search system. A state-approved LLC name does not shield you from federal trademark infringement claims. A business in another state can hold a registered trademark on the same name, and that federal registration gives them the presumption of exclusive nationwide rights. They can sue in federal court and potentially force you to rebrand, forfeit profits, and cover their legal costs.1United States Patent and Trademark Office. About Trademark Infringement A name doesn’t have to be identical to trigger an infringement claim; it just has to be similar enough that consumers might confuse the two businesses. State registration and federal trademark registration are separate systems that don’t talk to each other.2United States Patent and Trademark Office (USPTO). How Trademarks and Trade Names Differ
Finally, check domain registrars and social media platforms. Legal availability and online availability are different questions. The state won’t stop you from filing a name whose .com is taken, but finding out after formation is an expensive lesson.
Reserving an Unclaimed Name
Once the name clears, you can file a name reservation with your state. Most Secretaries of State accept online filings, though some still take paper by mail. The application asks for the proposed LLC name, your legal name, and your mailing address. You don’t need a registered agent or any formation paperwork at this stage.
Reservation fees typically run between $10 and $50, depending on the state, and the fee is non-refundable whether or not you form the LLC. Once processed, you’ll get a certificate or confirmation that the name is being held for you.
How Long the Reservation Lasts
Reservation periods generally range from 60 to 120 days. California holds a name for 60 days; West Virginia gives you 120. Most states allow at least one renewal for an additional fee, buying you another period of the same length. Some states require a one-day gap between the expiration and the renewal, so you can’t stack them back to back.
If the reservation expires without a formation filing or a renewal, the name goes back into the pool with no grace period and no priority for the previous holder. If you’re more than a few months from filing formation documents, wait and reserve closer to when you’re actually ready.
Locking the Name In by Forming the LLC
Reservation is a temporary hold. The name becomes permanently tied to your business only when the state approves your Articles of Organization (called a Certificate of Formation in some states). The name on your formation filing must match the reserved name exactly, including spelling, spacing, and the LLC designator.
Every state requires the name to include “Limited Liability Company” or an accepted abbreviation like “LLC” or “L.L.C.” Some states also accept “L.C.” or “Ltd. Liability Co.” Accepted abbreviations vary, so check your state’s rules.3Department of State. Articles of Organization for Domestic Limited Liability Company
Formation filing fees are much higher than reservation fees. Across the 50 states and Washington D.C., they range from roughly $35 to $500, with a typical fee around $130. The state reviews the filing, confirms the name is still available (or matches your reservation), and verifies the required information. Once approved, the LLC exists as a legal entity and the name is yours as long as the company stays in good standing, which usually means filing annual or biennial reports and paying associated fees. If those lapse, the state can administratively dissolve the LLC, and the name eventually becomes available for someone else.
Buying a Name Someone Else Already Holds
When the name you want is already registered, there’s no “buy” button. State filing offices don’t broker name sales. This is a private negotiation, and the path forward depends on whether the name is only reserved or attached to a formed entity.
Taking Over a Reservation
If someone has reserved a name but hasn’t yet formed an LLC, some states let the reservation holder transfer the reservation to you by filing a notice of transfer with the Secretary of State. The transfer fee is typically small. The hard part is finding the holder and getting them to respond. There is no public marketplace for reserved names, and many holders never reply to inquiries.
Buying from a Formed LLC
If the name belongs to an active LLC, you have two realistic options.
The first is buying the entire LLC. That gives you the entity and all its associated rights, and also its liabilities. It requires a purchase agreement covering the transfer of membership interests, and a lawyer should review the deal.
The second is negotiating with the owner to rename or dissolve their LLC, which frees the name for you to register. This path is often cleaner but depends entirely on the other party’s willingness.
Any purchase agreement should address, at minimum, the price and payment terms, which specific assets and liabilities transfer, a non-compete clause preventing the seller from registering a confusingly similar name, and how disputes will be resolved. If the business name also functions as a trademark, the agreement needs to explicitly transfer the trademark rights. Otherwise you could own the LLC name but not the right to use it in commerce.
State Registration Is Not Nationwide Protection
State LLC registration only protects your name within that one state’s business records. If you plan to operate across state lines or build a brand with national reach, a federal trademark registration through the USPTO gives you the presumption of exclusive nationwide rights to use the mark in connection with your goods or services.1United States Patent and Trademark Office. About Trademark Infringement The base filing fee is $350 per class of goods or services as of 2025.4United States Patent and Trademark Office. Summary of 2025 Trademark Fee Changes The process takes several months and involves examination by a USPTO attorney, a publication period, and proof that you’re using the name in commerce. A state-registered LLC name won’t help you in a dispute with a federally registered trademark holder.
Notifying the IRS After Acquiring a Name
If you acquire a name through a purchase or transfer rather than by forming a brand-new LLC, the IRS needs to know. An LLC that changes its name does not need a new Employer Identification Number; the EIN stays the same. But the change has to be reported.5Internal Revenue Service. When to Get a New EIN
For partnerships filing Form 1065, check the name change box on page 1, line G, box 3 of the current-year return. If you’ve already filed this year’s return, send a written notification signed by a partner to the IRS address where you file. Corporations filing Form 1120 or 1120-S use the name change checkbox on the applicable form. If the LLC is taxed as a sole proprietorship (single-member), write to the IRS service center where you file your return and include the owner’s signature.6Internal Revenue Service. Business Name Change