FORMATION · NAME CHECKS

State Trademark Search: What an LLC Name Search Misses

A state LLC name search only checks whether a business entity name is distinguishable on that state’s records. It is not a trademark search. State trademark registrations sit in a separate register, usually at the Secretary of State, and federal marks sit at the USPTO, so a name that is clear in the entity database can still conflict with a registered mark.

Last checked against official sources: October 30, 2026.

Published Oct 30, 2026 6 min read Vermilion Vitez Team

The three searches, and what each one checks

People searching “hawaii trademark search” or “north carolina secretary of state trademark search” often land on an LLC name search. That tool answers a different question. Run all three layers before a name goes on a sign, a domain or a filing.

1. State entity name search

Checks: whether the name is distinguishable from the LLCs, corporations and other entities on that state’s records.

Does not check: trademark registers, federal marks or unregistered use.

Our LLC name search hub, all states

2. State trademark register

Checks: marks registered with that state’s trademark office.

Does not check: other states’ registers, the USPTO, or marks nobody registered. State table below

3. USPTO federal search

Checks: federal trademark applications and registrations in the USPTO Trademark Search system.

Does not check: state registers or unregistered use. tmsearch.uspto.gov

State trademark registers

Each row links the state agency page we opened on October 30, 2026. Where the link goes to an online search, the label says so. Otherwise it is the agency’s trademark page, which describes how that state handles registrations and searches.

State trademark registers with an official page verified October 30, 2026 (HTTP 200 on every link). 38 of 51 jurisdictions listed.
StateAgencyOfficial page
AlabamaSecretary of State, Lands and TrademarksAgency page
www.sos.alabama.gov/administrative-services/trademarks
AlaskaDepartment of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional LicensingOnline search
www.commerce.alaska.gov/cbp/main/search/trademarks
$50.00 per class (state page, Oct 30, 2026)
ArizonaArizona Secretary of StateAgency page
apps.azsos.gov/apps/tntp/se.html
ArkansasSecretary of State, Business and Commercial ServicesOnline search
portal.arkansas.gov/service/ar-registered-trademark-search
CaliforniaSecretary of StateOnline search
tmbizfile.sos.ca.gov/Search
ColoradoColorado Secretary of StateAgency page
www.sos.state.co.us/pubs/business/FAQs/trademarks.html
ConnecticutSecretary of the State, Business ServicesAgency page
business.ct.gov/knowledge-base/articles/trademarks
DelawareDepartment of State, Division of CorporationsAgency page
corp.delaware.gov/trademark/
FloridaFlorida Department of State, Division of Corporations (Sunbiz)Online search
search.sunbiz.org/Inquiry/CorporationSearch/ByTrademark
GeorgiaGeorgia Secretary of State, Corporations DivisionOnline search
ecorp.sos.ga.gov/TrademarksSearch
HawaiiDCCA, Business Registration DivisionDivision home page
cca.hawaii.gov/breg/
IdahoIdaho Secretary of State (SOSBiz)Online search
sosbiz.idaho.gov/search/trademark
IllinoisIllinois Secretary of State, Business Services (Trademark/Servicemark section)Online search
portal.ilsos.gov/trademarksearch.html
IndianaSecretary of State (filed through INBiz)Agency page
inbiz.in.gov/business-filings/trademarks
IowaIowa Secretary of StateOnline search
sos.iowa.gov/search/trademark/TrademarkSearch
KansasSecretary of StateAgency page
sos.ks.gov/general-services/trademark.html
KentuckySecretary of StateOnline search
web.sos.ky.gov/ofx/tmsearch
MaineSecretary of State, Corporations, Elections and CommissionsAgency page
www.maine.gov/sos/corporations-commissions/maine-marks-information
MarylandSecretary of StateAgency page
sos.maryland.gov/Pages/Trademarks/Trademarks.aspx
MichiganLARA, Corporations DivisionAgency page
www.michigan.gov/en/lara/bureau-list/cscl/corps/marks
MississippiMississippi Secretary of StateAgency page
www.sos.ms.gov/business-services-external-affairs/trademarks
MissouriSecretary of StateAgency page
www.sos.mo.gov/business/trademark
NebraskaSecretary of StateOnline search
www.nebraska.gov/sos/corp/corpsearch.cgi
NevadaSecretary of StateAgency page
www.nvsos.gov/sos/businesses/trademarks
New JerseyDepartment of the Treasury, Division of Revenue and Enterprise ServicesOnline search
www.njportal.com/DOR/businessrecords/
New MexicoSecretary of StateAgency page
www.sos.nm.gov/commercial-services/trademarks/
New YorkNew York State Department of State, Division of Corporations, State Records and UCC (State Records)Agency page
dos.ny.gov/application-register-trademark
$50 per class (state page, Oct 30, 2026)
North CarolinaSecretary of StateAgency page
sosnc.gov/divisions/trademarks
North DakotaNorth Dakota Secretary of State (FirstStop)Online search
firststop.sos.nd.gov/search/trademark
OregonSecretary of StateAgency page
sos.oregon.gov/business/register/pages/business-names-and-trademarks.aspx
Rhode IslandSecretary of State, Business ServicesAgency page
www.sos.ri.gov/divisions/business-services/trademark-servicemark
South CarolinaSecretary of StateAgency page
www.sos.sc.gov/index.php/services-and-filings/trademarks
South DakotaSecretary of StateAgency page
sdsos.gov/business-services/trademark-name-registration/
TennesseeSecretary of StateAgency page
sos.tn.gov/businesses/guides/apply-for-a-trademark
TexasSecretary of StateAgency page
www.sos.texas.gov/corp/tradepatents.shtml
West VirginiaSecretary of StateAgency page
sos.wv.gov/register-trademark-or-service-mark
WisconsinDepartment of Financial InstitutionsOnline search
dfi.wi.gov/Pages/BusinessServices/Trademarks/SearchRegisteredTrademarks.aspx
WyomingSecretary of StateOnline search
trademarks.wyo.gov/

No listed state matches that filter.

We list a state only after opening its official page. Not listed yet: District of Columbia, Louisiana, Massachusetts, Minnesota, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Utah, Vermont, Virginia, Washington. For those, check the Secretary of State or business-registration agency’s own site.

USPTO facts

$350 Base application fee per class, effective January 18, 2025. It replaced the TEAS Plus ($250) and TEAS Standard ($350) fees. Surcharges: $100 per class for insufficient information, $200 per class for free-form text instead of the ID Manual.
  • The search tool. The USPTO’s federal search is called the Trademark Search system, at tmsearch.uspto.gov. The USPTO search page also links a “Transitioning from TESS” handout.
  • TM and SM. The USPTO says you can use “TM” for goods or “SM” for services even if you haven’t filed an application to register.
  • The ® symbol. The USPTO says to use the ® once you register your trademark with it, and only for the goods or services listed.
  • What it registers. The USPTO describes federal registration as creating nationwide rights. It says it only registers trademarks, and that many states and local jurisdictions register business names.

State mark or federal mark: the geographic difference

The USPTO says unregistered rights “only apply to the geographic area in which you’re providing your goods or services,” and that registering with the USPTO creates nationwide rights. State agency pages describe their own registrations as covering that state. Check your state’s page above for its own wording.

This article is for educational and informational purposes only and does not provide legal advice. Vermilion Vitez is a filing-services company, not a law firm. For a trademark opinion, talk to a licensed attorney.

Common Questions

Is a state trademark search the same as an LLC name search?

No. An LLC name search checks the state’s entity records to see whether a business name is distinguishable from the entities already there. A state trademark search looks at a separate register of marks, kept by a different office in some states. Neither one searches the federal register at the USPTO.

Does registering my LLC name protect it as a trademark?

Registering an entity puts the name on the state’s business records. The USPTO says that many states and local jurisdictions register business names and that the USPTO only registers trademarks. A trademark is registered separately, at the state trademark office, at the USPTO, or both.

How much does a USPTO trademark application cost?

The USPTO base application fee is $350 per class, effective January 18, 2025. It replaced the older TEAS Plus ($250) and TEAS Standard ($350) fees. Surcharges apply: $100 per class for insufficient information, $200 per class for free-form text instead of the ID Manual, and $200 per class for each additional 1,000 characters.

Can I register a trademark in my state only?

Many states keep their own trademark register, and the table above links the state agency pages we have verified. The USPTO says unregistered trademark rights only apply to the geographic area where you provide your goods or services, and that federal registration creates nationwide rights. Each state agency page states its own rules and fees.

What does “distinguishable on the record” mean?

It is the standard a state entity search applies. The name has to differ enough from the names already on that state’s entity records to be accepted for filing. It does not compare the name with trademark registers, so a name can pass it and still conflict with a registered mark.

What do TM, SM and the circle-R symbol mean?

The USPTO says you can use “TM” for goods or “SM” for services even if you have not filed an application. It says to use the ® symbol once you register your trademark with the USPTO, and only for the goods or services listed in the registration.

What is the USPTO search tool called now?

The USPTO calls it the Trademark Search system, at tmsearch.uspto.gov. The USPTO search page also links a “Transitioning from TESS” handout, so older guides that point to TESS describe the previous tool.

Sources

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