Naming Your New Business
When starting a business, developing a product, or creating a brand, one of the critical steps necessary before spending funds on marketing and formation is ensuring that the name you intend to use is not already trademarked. This protects you from legal disputes and helps in establishing a unique identity. Here’s a comprehensive guide on how to check if a name is trademarked.
Understanding Trademarks
A trademark is a recognizable sign, design, or expression that identifies products or services of a particular source from those of others. Trademark infringement can lead to legal battles, rebranding costs, and loss of reputation. Therefore, conducting a thorough trademark search is essential before finalizing a name.
Steps to Check if a Name is Trademarked
Preliminary Google Search: Start with a basic Google search. Why? Because trademark rights are established by use, not registration within the Trademark Office. This can reveal if a business or product is already using the name. Look for websites, news articles, and business listings. If the name is widely used, it’s a red flag that it might be trademarked or at least in common use.
Check Domain Name Availability: Use domain registration sites like GoDaddy or Namecheap to see if the domain name is available. While this doesn’t confirm a trademark, it can indicate if the name is already in use in a commercial capacity.
United States Patent and Trademark Office (USPTO) Search: The USPTO provides a free online database called the Trademark Electronic Search System (TESS). Here’s how to use it:
Go to the USPTO website.
Navigate to TESS.
Enter the name you wish to check in the search bar.
Review the search results for any direct matches or similar names.
The USPTO database includes registered trademarks and pending applications. Pay attention to the classification of goods and services to ensure there’s no overlap with your intended use.
State Trademark Databases: In addition to the federal database, check state trademark databases. Each state in the U.S. has its own trademark registry, often accessible through the state’s Secretary of State website. Conduct a similar search to the USPTO’s to see if the name is trademarked at the state level.
Global Trademark Databases: If you plan to operate internationally, check databases like the World Intellectual Property Organization (WIPO) Global Brand Database and the European Union Intellectual Property Office (EUIPO) database. These platforms offer access to international trademark records.
Hire a Trademark Attorney: While you can perform preliminary searches yourself, hiring a trademark attorney is advisable for a thorough investigation. Attorneys have access to comprehensive search tools and can provide legal advice on potential conflicts.