Choosing the name for your business is an exciting step in building your brand! Before you fall too in love with it, though, make sure no one else already owns the rights to it. A little checking now can save you from legal headaches (and an expensive rebrand) later.
Here's how we recommend checking whether a business name is already trademarked or in use, step by step.
Quick note: we're branding folks, not lawyers, so this post is general information, not legal advice.
Step 1: Understand Trademarks
Trademarks protect names, logos and slogans used to identify goods and services. A few basics help when you start searching:
Federal trademarks are registered with the U.S. Patent and Trademark Office (USPTO).
State trademarks are registered with individual states, usually through the Secretary of State's office.
Unregistered ("common-law") rights can exist simply because a business has been using a name in its area, even if it never registered it.
The key idea is likelihood of confusion. A name can be a problem even when it isn't an exact match. If it's similar in sound, look or meaning to an existing mark and used for related goods or services, customers might think the two businesses are connected.
Step 2: Search the USPTO Trademark Database
The USPTO is the main authority for trademark registration in the United States. Its free Trademark Search system, at tmsearch.uspto.gov, is where you'll look up registered and pending federal trademarks. (If you've heard of TESS, that was the old system; the USPTO retired it in November 2023.)
Start with a basic search. Once you're comfortable, turn on Expert mode for more filters, such as searching by class of goods or services. The USPTO's help pages and training videos walk you through it if the interface feels intimidating at first.
Step 3: Check Your State
Next, check your state's trademark records and its business entity search, which shows the registered names of LLCs, corporations and other businesses in your state. Both are usually on your Secretary of State's website. The USPTO keeps a handy list of links to each state's trademark office.
Step 4: Search Broadly
Because unregistered businesses can still have rights to a name, don't stop at the databases. Google your name, and look on social media, business directories and marketplaces like Etsy or Amazon. Try variations too: different spellings, plurals, abbreviations and names that sound the same. This is how you catch conflicts that aren't obvious at first glance.
Step 5: Review Your Results
Look closely at anything that resembles your name, even if it isn't an exact match. Pay special attention to businesses in your industry or ones offering related products or services, since those are the most likely to cause confusion and pose a risk to your business. Also note whether a trademark is "live" (active) or "dead" (abandoned or cancelled).
Step 6: Consider Professional Help
If your results are unclear, or you find a potential conflict, it's wise to talk with a trademark attorney. They can give advice tailored to your situation and help you decide whether to move forward, tweak the name or register it yourself. (For reference, the USPTO's base application fee is $350 per class of goods or services as of January 2025, and some applications cost more.)
Have a big vision? Trademark rights are country by country. WIPO's free Global Brand Database is a good starting point for checking names internationally, but work with a professional before expanding abroad.
Final Thoughts
Checking whether your business name is available is one of the smartest things you can do early on. Search the USPTO database, check your state and do a thorough online search, and you can move forward with confidence. A little extra effort now saves you headaches later and lets your business shine. Good luck!
Need help building a brand around your new name? Contact us.
