Choosing the right name for your business, product, or brand is an exciting step. But before you fall in love with it, you need to make sure it is not already trademarked. If you use a name that is protected, that can lead to expensive legal disputes and forced rebranding. Plus, it can affect your company’s goodwill.
You might be asking yourself, “How do I find out if a name is already trademarked?” This is more than a quick Google search. Here is a look at what you should do before settling on a name.
What Is a Trademarked Name?
If someone has a trademark, that protects their names, logos, slogans, and other identifiers that distinguish their business’s goods or services. When a name is trademarked, the owner has exclusive rights to use it in connection with certain products or services.
Trademarks can exist at both the state and federal levels. However, in some cases, rights can exist even without a formal registration. This is why you need to be careful when searching for trademarked names.
Start with a Preliminary Search
Your first step is a basic search to see what’s already out there. This includes:
- Searching the name online using search engines
- Checking business names registered in your state
- Looking at domain name availability
- Reviewing social media handles
You want to identify obvious conflicts, but this is only a starting point. If you don’t see the name online, that doesn’t mean it is legally available.
Use the USPTO Trademark Database
If you want to look up federal trademarks, the most important resource is the United States Patent and Trademark Office (USPTO) database. Their Trademark Electronic Search System (TESS) allows you to search registered and pending trademarks.
When searching TESS, you also want to look beyond exact matches. Conflicts can arise from names that are:
- Spelled differently but sound similar
- Slight variations of the same words
- Similar in meaning or commercial impression
For example, “Iconic Solutions” and “Iconik Solutions” could potentially conflict, depending on how they’re used.
Similar Names Could Lead to Issues
One of the biggest myths about trademarks is that only exact matches cause problems. But trademark law focuses on whether consumers are likely to be confused.
If two names are similar enough that a customer might think the businesses are related, that can be grounds for a dispute. Courts and trademark examiners look at:
- How similar the names look and sound
- Whether the goods or services are related
- Where and how the names are used
- The overall impression on consumers
For this reason, you want a professional trademark search. They go deeper than those surface-level checks you can do on your own.
What About Common Law Trademarks?
Even if a name is not registered with the USPTO, it may still be protected under common law trademark rights. This can happen when the name is used in commerce.
A business that has been using a name locally or regionally may have enforceable rights, even without registration. Once again, you need to dig deeper. Make sure to search business directories, industry publications, and online marketplaces.
What Happens If the Name Is Already Trademarked?
If your search reveals that the name is already in use or protected, it does not always mean the end of the road. Depending on the situation, you may be able to:
- Modify the name to reduce confusion
- Limit the scope of use
- Choose a stronger, more distinctive name
- Explore coexistence agreements in rare cases
The key is identifying the issue early. You want to do this before you build a brand around a name you cannot legally use.
When to Talk to an Attorney
If you’re serious about protecting your brand, consulting a trademark attorney is your move. They can help you:
- Determine whether a name is available
- File a trademark application correctly
- Respond to USPTO office actions
- Enforce your trademark rights if conflicts arise
Whether you are launching something new or expanding an existing brand, getting clarity upfront can prevent expensive problems down the road.
Make Sure Your Business Name Is Not Already Taken
So, now you have the steps to find out if a name is already trademarked. Taking the time to do it right protects your investment and sets your brand up for long-term success.
Before you commit to a name, make sure it’s one you can actually own. If you have questions about trademarks or other issues with intellectual property, Iconic Inc. can assist you. We make sure that your business, ideas, or creations are protected. Schedule a consultation today.