Choosing your brand name is usually one of the biggest moments for a company. But before you order that first batch of marketing materials or announce your new venture to the world, there’s one important question to ask: Is my brand name already taken?
Checking your brand name before you launch can save you from headaches down the road. No one wants to find out after you’ve built a website, printed merchandise, or gained customers that another business has legal rights to your name.
Here’s how to do a little homework before making your brand official.
Start with a Google Search
You can start by typing your proposed business name into a search engine. After that, make sure to dig a little deeper than the first page of results.
Are there businesses using the same or a similar name?
Do they sell products or services like yours?
Are they located nearby, or do they operate nationwide?
Even if the names are not identical, you want to pay attention to anything that seems similar. Trademark issues can come down to whether customers could reasonably confuse two businesses, not whether the names match letter-for-letter.
Search the USPTO Trademark Database
Your next stop should be the United States Patent and Trademark Office (USPTO). The USPTO has a searchable database of federally registered trademarks and pending trademark applications. This is one of the most valuable tools available to business owners.
Once again, as you search, you don’t just look for exact matches. Try different spellings, similar words, abbreviations, and names that sound alike.
Sometimes, that name that seems unique at first glance may be much closer to an existing trademark than you realize.
Check State Records
Federal trademarks are just a small part of the story. Many businesses register with their state’s Secretary of State. For the most part, those records are usually available online.
When you search your state’s business database, that can help you identify companies already operating under similar names.
Look at Domain Names and Social Media
Before settling on a name, search whether the domain is available and whether you can secure matching usernames across the major social media platforms. When you have consistent branding, that makes it easier for customers to find and remember you.
Remember That Similar Can Still Be Too Similar
Two businesses do not have to share the exact same name for there to be a legal problem. If the names look alike, sound alike, or create a similar impression for customers, there may still be a risk of trademark infringement. And this can happen when both businesses offer related products or services.
Unfortunately, this is why finding “no exact matches” online does not mean you’re in the clear. When it comes to these searches, you want to reach out to a trademark clearance search lawyer. They can check all of the places where conflicts could happen. With their help, you will know you’re in the clear for your branding.
Should You Trademark Your Brand?
If your research suggests the name is available, you may want to consider applying for federal trademark registration.
With a registered trademark, you can help protect the reputation you’re working so hard to build. It can also make it easier to stop others from using confusingly similar names as your business grows.
For many entrepreneurs, this is an investment in the long-term value of the business, not just another legal form to complete.
A Little Research Today Can Save a Big Headache Tomorrow
Is my brand name taken? You need to take steps to protect your brand before you even launch. It is easy to get caught up in the excitement of launching a new business.
But taking a little extra time to research your brand name can save you from expensive rebranding, legal disputes, and unnecessary stress.
If you’re unsure whether your proposed name could create trademark issues, reach out to Iconic Inc. We can help see whether your name is available before you spend all that time and effort. Your business deserves a name that’s not only memorable, but one you can confidently build your future around. Schedule a consultation today.