When you're starting a business or launching a new product, one of the most important steps is to ensure the name you want to use is not already trademarked. Using a name that’s already protected could lead to legal issues, including lawsuits and forced rebranding, which can be costly and time-consuming. This guide will walk you through how to look up if a name is trademarked, helping you safeguard your brand and avoid potential legal conflicts.

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Why It’s Important to Check If a Name Is Trademarked

Before you print business cards, launch a website, or start promoting your brand, it’s crucial to verify that the name you’ve chosen isn’t already trademarked by someone else. Here’s why it matters:

Avoid Legal Trouble – Using a trademarked name can result in lawsuits, cease-and-desist orders, and financial penalties.

Protect Your Brand – Ensuring your name is unique helps you build a distinct brand identity that customers recognize and trust.

Save Time and Money – Discovering a trademark conflict early on saves you from costly rebranding efforts down the road.

How to Look Up If a Name Is Trademarked

The process of checking if a name is trademarked involves several steps, from using official government databases to conducting broader internet searches. Let’s dive into each step to ensure you cover all your bases.

Step 1: Search the USPTO Database

In the United States, the primary resource for trademark searches is the United States Patent and Trademark Office (USPTO). The USPTO’s Trademark Electronic Search System (TESS) is a free tool that allows you to search registered trademarks.

How to Use TESS:

• Go to the USPTO website: www.uspto.gov.
• Click on Search Trademarks to access TESS.
• Choose Basic Word Mark Search to begin.
• Enter the name you want to search for.
• Review the results to see if there are any exact or similar matches.

Pro Tip:
When using TESS, search for variations of your name, including different spellings, plural forms, and phonetic similarities. For example, if your brand name is "Bright Light," also search for "BrightLite" or "BriteLight."

Step 2: Check State Trademark Databases

In addition to federal trademarks, many businesses register their trademarks at the state level. Each state has its own trademark registry, typically managed by the Secretary of State’s office.

Visit your state’s Secretary of State website to perform a search. Repeat this process for other states if your business plans to operate in multiple locations.

Step 3: Conduct a Google Search

Even if a name isn’t officially registered as a trademark, it may still be in use by another business. To check for unregistered or common law trademarks, do a comprehensive Google search.

What to Look For:

• Business websites using the name
• Social media profiles with the name
• Domain names registered under the brand

If another business is using the same or a similar name, it could still cause legal issues even without a formal trademark.

Step 4: Check Domain Names and Social Media

Before finalizing your brand name, check if the corresponding domain name and social media handles are available. Tools like GoDaddy and Namecheap can help you check domain availability, while platforms like Instagram, Facebook, and Twitter allow you to search for usernames.

Why This Matters:

Even if the name isn’t trademarked, someone using the same name online could create confusion for your customers.

Step 5: Use Professional Trademark Search Tools

Several paid services provide more advanced trademark searches. These tools often offer more detailed results than free resources.

Popular Tools:

• Trademarkia
• LegalZoom
• Corsearch

These platforms can help you uncover potential conflicts that may not appear in basic searches.

Step 6: Hire a Trademark Attorney

If you want to be absolutely certain that your name is available, consider hiring a trademark attorney. Attorneys have access to specialized databases and can provide expert advice on potential trademark conflicts.

What a Trademark Attorney Can Do:

• Conduct a comprehensive search
• Provide legal advice on trademark eligibility
• Help you file a trademark application

What to Do If a Name Is Trademarked

If you discover that your desired name is already trademarked, don’t panic. Here are some steps you can take:

Modify Your Name – Adjust your name slightly to make it unique. For example, instead of "Bright Light," try "Bright Light Co." or "Bright Lite Innovations."

Consult an Attorney – An attorney can advise on whether your modified name still poses a risk.

Consider Licensing – If the trademarked name is essential to your brand, you may be able to negotiate a licensing agreement with the trademark owner.

How to Trademark Your Own Name

Once you’ve confirmed that your name is available, it’s time to trademark it to protect your brand. Here’s a quick overview of the process:

1. Prepare Your Application

Visit the USPTO website and gather the necessary information for your application, including:

• Your business name and logo
• Description of the goods/services your business offers
• The class of goods/services your trademark falls under

2. File Your Trademark Application

You can file your application online through the Trademark Electronic Application System (TEAS). Be prepared to pay a filing fee, which ranges from $250 to $350 per class of goods/services.

3. Monitor Your Application

After filing, the USPTO will review your application. This process can take several months, so be patient and monitor your application status through the TSDR (Trademark Status and Document Retrieval) system.

Common Mistakes to Avoid When Checking Trademarks

Only Checking Exact Matches
Look for similar names, phonetic spellings, and variations to avoid conflicts.

Ignoring State and International Databases
Don’t limit your search to federal trademarks. Check state-level and international registries as well.

Failing to Monitor Your Trademark
Even after registering your trademark, it’s important to monitor its usage to ensure no one is infringing on your rights.

In Summary

Looking up whether a name is trademarked is an essential step for any entrepreneur or business owner. By using tools like the USPTO’s TESS database, conducting state and online searches, and consulting professionals when necessary, you can ensure your brand name is unique and legally protected.

Taking the time to check for trademark conflicts before launching your business will save you from potential legal issues and costly rebranding efforts. Remember, your brand name is one of your most valuable assets—make sure it’s protected.

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. For legal advice consult a patent attorney or if you need a patent attorney, email us at info@marketblast.com for a referral.