Starting a business is an exciting step, but it’s essential to ensure that the business name you choose is not already in use by another company. Not only can using a name that’s already trademarked cause confusion in the marketplace, but it can also lead to legal issues that could delay or derail your business operations. That’s where a trademark search comes in. It’s one of the first and most critical steps in securing your brand’s identity.

What is a Trademark Search?

A trademark search involves reviewing existing registered trademarks to ensure that your proposed business name, logo, or slogan is not already taken. A registered trademark provides the owner with exclusive rights to use that name or symbol in commerce. Performing a thorough trademark search helps you avoid unintentionally infringing on someone else’s mark and ensures that your business name is distinct and legally available for use.

Why You Should Perform a Trademark Search

Before you decide on a name for your business, it's essential to conduct a comprehensive trademark search. Here are a few reasons why:

Avoid Legal Issues Using a name or logo that is already trademarked can result in infringement, which can lead to costly legal disputes, fines, and even having to rebrand your business.
Protect Your Brand If your brand is registered with the U.S. Patent and Trademark Office (USPTO), you’ll have the legal right to use your mark nationwide and prevent others from using something too similar.
Save Time and Money A trademark search can help you avoid wasting time and money on branding, marketing, and product development only to find out later that you can’t legally use your chosen name.

What to Search For in a Trademark Search

When you conduct a trademark search, you’ll want to look for the following:

Exact Matches Start by searching for exact matches of your proposed business name, logo, or slogan. The USPTO has a public search tool known as TESS (Trademark Electronic Search System), which you can use to search registered trademarks in their database.
Similar Marks Even if your name isn’t exactly the same as another brand, it could still be confusingly similar. For example, a slight variation in spelling or phonetic similarities can be problematic. A comprehensive trademark search will help identify any trademarks that may cause consumer confusion.
Trademark Classifications Trademarks are filed under different classes based on the products or services associated with the mark. It’s essential to check the specific class that your business belongs to, as this helps determine whether your mark is too similar to others in the same category.

Types of Trademark Searches

USPTO Database Search The U.S. Patent and Trademark Office (USPTO) offers a TESS search tool that allows you to search for existing trademarks filed with the government. This is the first place you should check for registered marks.
State and Local Trademark Search In addition to the federal database, you should also check your state’s trademark registry. Businesses can register marks with individual states, so it’s crucial to check for state-level trademarks that may affect your brand.
Common Law Trademark Search Not all trademarks are registered with the USPTO. Some businesses use their marks without formally registering them. While unregistered marks can be more challenging to search for, it’s still worth looking into common law trademarks — marks that are used in commerce but haven’t been registered.
Domain Name and Social Media Check It’s also wise to check whether the domain name for your business name is available. Additionally, check social media platforms to ensure that the name you’ve chosen is not already being used.

How to Conduct a Comprehensive Trademark Search

To perform a thorough trademark search, follow these steps:

Start with TESS Use the USPTO’s TESS database to search for exact matches and similar trademarks. Look through all classes, especially the ones that apply to your industry.
Expand Your Search Once you’ve searched the USPTO database, broaden your search to include state databases, online resources, and common law trademarks.
Check Domain Names and Social Media Make sure your desired business name is available as a domain (e.g., yourbusinessname.com) and on social media platforms.
Consult a Trademark Attorney A trademark attorney can help guide you through the process, ensure your search is comprehensive, and provide legal advice regarding potential conflicts.

What Happens if Your Name Is Already Taken?

If you find that your business name is already trademarked, don’t panic. You have a few options:

Consider a Modification If your name is too close to another registered mark, you can modify it slightly to create a more distinct identity.
Pick an Entirely New Name In some cases, it may be necessary to choose a completely new name to avoid legal complications.
Consult with a Trademark Attorney If you’re unsure about how to proceed, a trademark attorney can help assess your situation and guide you in selecting a name that is both legally available and reflective of your brand.

Conclusion

Conducting a trademark search is a crucial first step when starting your business. By ensuring your business name, logo, or slogan is available, you protect your brand from future legal complications and position yourself for success in the marketplace. At Trademark Corps, we offer trademark search services to help you navigate this important process and ensure that your brand is legally secure. Contact us today for professional assistance in securing your trademark!