Choosing a business name is a significant step in establishing your brand, but it’s crucial to ensure that the name you select is not already trademarked. Using a name that is already trademarked can lead to legal issues, including lawsuits and the need to rebrand. This article will guide you through the steps needed to check if a business name is trademarked.
How to check if a business name is trademarked? The first step is to conduct a trademark search using the United States Patent and Trademark Office (USPTO) database. This can be done online through the Trademark Electronic Search System (TESS). By entering the business name into TESS, you can see if it has already been registered or if there are any pending applications for the same or similar names. Additionally, you may want to check state trademark databases and perform a general internet search to ensure thoroughness.
Using the USPTO Database
The USPTO database is a comprehensive resource that allows you to search for registered trademarks and pending applications. To use it, visit the USPTO website and access TESS. You can search by the business name, owner name, or registration number. It’s essential to look for exact matches as well as similar names that could cause confusion. If you find that the name is already trademarked, you will need to choose a different name or consult with a trademark attorney to explore your options.
State Trademark Databases
In addition to the USPTO database, it’s important to check state trademark databases. Each state has its own registry, and a name that is not federally trademarked could still be protected at the state level. Visit the website of the Secretary of State for the states where you plan to conduct business and perform a search. This step ensures that you are not infringing on a state-level trademark.
After conducting these searches, if you find that the business name is not trademarked, you can proceed with registering it. Registering your trademark provides legal protection and helps prevent others from using your business name. If you encounter any issues or need assistance, consulting with a trademark attorney can provide valuable guidance.
Finally, always document your search process and keep records of the results. This can be useful if any disputes arise in the future. Following these steps will help you ensure that your business name is unique and legally protected.