You’ve nailed the perfect name for your business. It’s catchy, memorable and you can already picture it on your storefront. But before you start designing logos and ordering business cards. You need to make sure someone else isn’t already using that name as a trademark. Trust me! finding out later that your dream name is taken can be a nightmare.
Key Points:
- Check trademarks before using a name. Use the USPTO TESS tool to avoid legal issues.
- Go beyond USPTO. Search Google, domains, and social media for similar names.
- Use expert search, not just basic. Catch soundalike and lookalike trademarks in the right category.
- One conflict = costly rebrand. When in doubt, consult an IP attorney early.
Why You Can’t Skip the Trademark Search
Here’s the thing about business names these days: they travel fast. One social media post and your brand name is out there for everyone to see. But if you haven’t checked whether it’s already trademarked, you could be setting yourself up for a legal headache.
I’ve seen it happen way too often: someone falls in love with a name, builds their brand around it, and then BAM: a cease and desist shows up. Don’t let that be you. A trademark search might not be the most exciting part of starting a business, but it’s one you can’t afford to skip.
Getting Started with the USPTO Database
You need to look at the USPTO database, also called TESS (Trademark Electronic Search System). It’s free, it’s official, and it’s where all U.S. federal trademark registrations live. Think of it as the master list of names that are already taken at the federal level.
Basic Search: The Quick and Dirty Method
The basic search is exactly what it sounds like – basic. You type in your name, hit search, and see what comes up. It’s like Googling for trademarks. You’ll see exact matches and some similar ones, which is great for spotting obvious problems.
One neat trick: you can filter out “dead” trademarks since those aren’t in current usage anymore. The owners did not renew them, so they likely won’t cause you trouble.
But here’s where basic search falls short: it might miss names that sound similar but are spelled differently. Since trademark law cares about likelihood of confusion with customers, phonetic equivalents are a big deal. A company called “Fone” might have issues with “Phone,” even though the spelling is different.
Expert Search: Where Things Get Interesting
If you really want to know how to check if a name is trademarked properly, skip the basic search and go straight to expert search. It sounds intimidating, but it’s not that bad once you get the hang of it.
The expert search lets you look for names that sound alike (phonetic matches) and even ones that look similar visually. You can also narrow things down by what’s called “class of goods and services” – basically, what type of business the trademark covers.
Let’s say you want to name your coffee shop “Zingo.” With expert search, you can look for anything that sounds like Zingo (maybe “Jingo” or “Zingco”) and focus specifically on restaurant and food service trademarks. This gives you a much clearer picture of potential conflicts.
The Data the USPTO Won’t Provide
Here’s where things get tricky, and why most people mess up their trademark searches. The USPTO database is great, but it’s not the whole story. There are several important things it doesn’t show you.
Common Law Usage Are Everywhere
Just because someone didn’t register their trademark federally doesn’t mean they don’t have rights to a name. If a local restaurant has been using the name “Zingo’s Cafe” for five years, they probably have what’s called common law rights in their area. The USPTO won’t show you this, but it could still be a problem for you.
State Trademarks Count Too
Some businesses register their trademarks at the state level instead of going federal. These won’t show up in your USPTO search, but they’re still legally protected within that state.
Don’t Forget the Digital World
Your trademark search also won’t tell you if the domain name is available or if someone’s squatting on the Instagram handle. In 2025, having matching social media handles is almost as important as the trademark itself.
What Most People Get Wrong
The biggest mistake I see? People do a quick USPTO search, they don’t find anything obvious, and think they’re good to go. FALSE! It’s like checking if the house is for sale by only looking at one real estate website. You’re missing huge chunks of information.
Another common problem is not understanding how trademark classes work. Just because “Zingo” isn’t trademarked for coffee shops it doesn’t mean it’s available. Because if there’s a “Zingo” at the trademark for restaurants in general, you might still have a conflict.
Getting the Full Picture
If you’re serious about your business (and you should be), don’t stop at the USPTO search. Check Google for businesses using your name. Search social media. Look at domain registrations. See if there are similar names that are being used in your industry, even if they’re not trademarked.
This detective work takes time, but it’s worth it. Finding out your name has problems after you’ve already invested thousands in branding and marketing is way more expensive than doing this research upfront.
We always recommend talking to an Intellectual Property (IP) Attorney.
IP lawyers have access to professional search tools that go way beyond the free USPTO database. They also understand the nuances of trademark law that might not be obvious to you. Yes, it costs money upfront, but it’s a lot cheaper than getting sued later.
The Bottom Line on Trademark Searches
Your business name isn’t just a label. It is one of the most valuable parts of your brand. In today’s AI world, a great name can take off fast. But before you go all in, make sure it’s actually available to use.
Checking for a trademark isn’t rocket science, but it does take some digging. Start with the USPTO search tools, but don’t stop there. Look for names that sound similar or could cause confusion. And if you’re not sure what to look for, it’s worth getting some expert help.
One missed conflict could mean rebranding your whole business later and trust me, that’s not good. A little time spent upfront on a proper trademark search can save you a lot of stress and money down the road.
Just a heads-up: We are not attorneys and this isn’t legal advice – just helpful info. For specific trademark questions, always consult with a qualified IP attorney.
Let us run with your project
Ready to go?
Together, we will get you across the finish line.
Transcription
Ashley Elliott (00:04):
Hello and welcome to naming in the AI Age. This week we’re going to talk about trademark. If you’re starting a business or launching a brand, before you fall in love with the name, you really need to see if it’s already registered as a federal trademark. So today I’m going to show you how the USPTO search tools actually work. Disclaimer, I’m not a trademark attorney. We don’t give legal advice. We always recommend using an IP attorney specifically when you’re vetting for trademark. But let’s get started. So step one, you’ll go to the USPTO database, also known as tess, TESS. So they have two different types of searches. There’s the basic search. Think of this like a Google search for trademarks. You type in the name you want, it shows you the exact or similar matches. It’s good for a quick check for obvious conflicts, but it’s pretty limited.
(00:52):
For example, I searched for zingo, one of my kids’ favorite games, zingo, with the basic search, and I was able to filter and then turn off the dead and abandoned trademarks because those really don’t affect me since they’re no longer in usage. But note that trademark law is based on likelihood of confusion. So the basic search may miss trademarks with similar meaning or similar sounding terms, but spelled differently. Why be basic when you can be an expert? That’s why I’d recommend the expert search. This lets you look at more specifics. You can find phonetic equivalents, visual similarities. You can filter down by detail such as class of goods and services. More on that to come. But for example, I’ll search with expert search. I can look at phonetic similarities to zingo as well as search by specific classes. Most people do the basic search or even the expert search, see nothing that they think is a problem, and they think they’re going to go.
(01:49):
Do not do this. It’s important to remember the USPTO doesn’t show you certain things. It doesn’t show you common law trademarks. Brands that are used and in use but not registered. Those brands are specifically entitled to certain usage rights. There’s state level trademarks that are protected only within the state. It doesn’t show any of those registrations, and it doesn’t show you social media handles or domain name availability. So if you’re really serious about protecting your brand, do more than just a USPTO search. It’s a good start, but don’t stop there because in the AI era, your name travels fast. Make sure it’s truly yours before you build on it. Or better yet, work with someone who knows what to look for, such as an IP attorney. Missing one trademark could really cost you your whole brand later. That’s it for this week’s naming in the IH. Tune in next week as we dive in a little deeper.
