Picking a name for your company is a big task. Your name is the first chance to impress your customers, tell them what you do, and begin building an emotional connection that turns casual interest into lifelong loyalty.
It’s no surprise that many entrepreneurs find this task daunting. Yet if finding the perfect name wasn’t hard enough, creating a unique name that’s yours alone is even tougher: with almost five million businesses launched each year, there are a lot of names in use.
This is why knowing how to check if a company name is trademarked is essential. Skipping this step could lead to legal headaches, a costly rebrand, and financial setbacks. Think of this check as insurance for your brand, helping you build your business on solid ground.
So, how can you verify if your desired name is available? Don’t worry, we’ve got you covered. Follow along as we break down the different ways to check if your company name is trademarked and ensure your business starts on the right foot.
How to Check if a Company Name is Trademarked
Checking if a company name is trademarked is a crucial step in establishing your business identity. It helps you avoid legal issues and ensures your brand carves out a unique space in the minds of your customers. Here’s how to conduct this important search at different levels:
Search your State
Start your search at your state’s Secretary of State office. Visit your state’s Secretary of State website and use their business entity search tool to look for registered business names similar to your proposed name. For example, California’s SoS tool is found here.
Remember that trademark rights can be established through use, even without registration, so pay attention to any businesses operating under similar names in your state or region.
Don’t overlook DBAs (Doing Business As) and LLCs (Limited Liability Companies) in your search. These are different business registration types that might not appear in a standard company name search.
Some states also offer additional online business name databases. Take some time to explore these resources for a comprehensive state-level check. If you plan to operate in multiple states, it’s advisable to check the databases of all relevant states.
Search the United States
After clearing the state level, expand your search nationally. The United States Patent and Trademark Office (USPTO) is the primary resource for this step. It maintains a comprehensive database of registered trademarks and pending applications.
To search this database, try our free Trademark check tool, starting with a basic word mark search for your proposed company name. Also consider searching for similar spellings, phonetic equivalents, and related terms. While it may seem complex at first, the database is designed to be user-friendly.
In addition to the USPTO, consider checking other national databases. These might include industry-specific directories or business registries. While not official trademark sources, they can provide valuable insights into name usage across various industries in the US.
Global Search
In our interconnected world, it’s wise to check your name’s availability globally. You also want to do an internet search. A thorough internet search can reveal unregistered trademarks and common law usage of similar names. Use various search engines to look for businesses, products, or services using names similar to your proposed company name. Don’t forget to check social media platforms and online directories.
The ICANN Domain Name Registration Data Lookup can also help you check if your desired website domain is available. If the name is taken, it can give you details about the company that registered the domain.
If you plan to operate internationally, consider checking trademark databases in relevant countries as well. This extra effort can save you from potential conflicts down the road.
Can You Use a Business Name if it’s Trademarked?
Using a business name that’s already trademarked can be tricky, but it’s not always off-limits. The key is understanding the rules and exceptions that apply to trademark usage.
Firstly, trademarks are categorized into 45 classes by the USPTO. These classes cover various industries and services. Generally, two businesses can use the same or similar names if they operate in different classes. For example, a tech company and a bakery might share an Apple-based name without issues because they serve distinct markets.
Secondly, location plays a role. Even if you’re in a different industry, using a trademarked name in the same geographical area could lead to customer confusion. This is especially true for local businesses where brand recognition is crucial. In such cases, it’s better to opt for a unique name that sets you apart.
There are some situations where using a trademarked name might be okay. If you get written permission from the trademark holder, you’re in the clear. Also, if the trademark has been abandoned or is no longer in use, it might become available.
Sometimes, significantly modifying a trademarked name can make it usable, but the changes need to be substantial enough to prevent any confusion.
It’s important to note that some names should never be used, regardless of circumstances. Global household names like Apple, Coca-Cola, and Disney have invested heavily in their brand equity and fiercely protect their trademarks. Even if your business is in an unrelated field or distant location, these corporations have the resources to challenge any perceived infringement.
If you’re unsure about your situation, consulting with a trademark lawyer can provide personalized guidance. They can help you navigate the complexities of trademark law and avoid potential legal issues.
Wrapping Up
Checking for trademarks might not be the most exciting part of starting a business. But trust me, it’s way better to deal with it now than to get slapped with a lawsuit later. Just follow the steps we’ve outlined and you can save yourself a lot of potential trouble down the road. It might take some time, but in the end, you’ll have a name that’s uniquely yours and legally in the clear.
Ready to get started with finding and securing a powerful business name that’s yours alone? Our expert-operated Trademark Research Service ensures your brand assets are unique and protected so you can build your brand with confidence.
