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For new nonprofits

How to name your nonprofit (and check it is available)

Your nonprofit's name has to do two jobs: be legally available in your state, and be one people actually remember.

Here is how to pick a name that clears the state's rules, is not already trademarked, and still has a website and social handles waiting for it.

Every state requires your name to be distinguishable from other entities already on record, so two organizations in the same state cannot share a name. Some states require a corporate designator like Corporation, Incorporated, Company, or Limited (or an abbreviation), while others do not require one for nonprofits. Most states also restrict certain words, like Bank, Insurance, or anything implying a government agency. Your Secretary of State's rules spell out the specifics.

Step 1: Brainstorm names that fit

Lead with your mission, and lean clear over clever. A name people understand at a glance is worth more than a pun. Two traps to avoid: locking yourself to a single city or program you may outgrow, and choosing something so generic it is already taken everywhere. Leave room to grow.

Step 2: Check state availability

Search your Secretary of State's business database to see whether your name, or one too similar, is already registered in your state. This is the check that decides whether the state will accept your filing.

Step 3: Check the trademark

A name can be free in your state and still collide with a federal trademark. Search the USPTO's Trademark Search tool (at tmsearch.uspto.gov, which replaced the old TESS system) for your name and close variations. You do not have to trademark your own name, but you do want to avoid stepping on someone else's.

Step 4: Check the domain and social handles

Before you commit, make sure a reasonable web address is available, along with the social handles you will want. A name with no matching domain will cost you later.

Step 5: Reserve it if you are not ready to file

Most states let you reserve a name for a set period for a small fee, which holds it while you finish your paperwork. If you are filing your Articles of Incorporation soon, you can usually skip this and just file.

The Ember tool for this

Ember Spark

Ember Spark is a free, step-by-step checklist for starting a nonprofit, and each step explains why it matters. In Ember it drafts your bylaws, conflict-of-interest policy and Form 1023 narrative for you to finish, and puts your filing deadlines on Ember's compliance calendar. Turn on Ember Compliance and it emails you a reminder before each one. Unlimited users on every tier.

General information for people starting a nonprofit, not legal or tax advice. Rules change; confirm specifics with the IRS, your state, or a qualified professional.

Sources: USPTO Trademark Search · councilofnonprofits.org · irs.gov. Verified August 2026.

Common questions

Does my nonprofit's name need to include Inc. or Corporation?

It depends on the state. Some states require a corporate designator like Corporation, Incorporated, or Company for nonprofits; others do not. Check your Secretary of State's naming rules.

Can two nonprofits have the same name?

Not in the same state, because your name has to be distinguishable from other registered entities. Two nonprofits in different states can share a name, but that can create trademark and branding problems.

Should I trademark my nonprofit's name?

It is optional. Many small nonprofits never register a federal trademark. What matters more at the start is checking the USPTO database so you do not adopt a name someone else already owns.

How do I check if a nonprofit name is available?

Search your Secretary of State's business database for state availability, and search the USPTO Trademark Search tool for federal trademarks. Check the domain and social handles too.

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