How to Do a Trademark Search for Your Business Name

Why You Need a Trademark Search

Before you invest time, money, and brand equity in a business name, you need to know whether someone else already has trademark rights to that name. Using someone else's trademark — even unintentionally — can lead to legal disputes, rebranding costs, and loss of your online presence.

A trademark search is not optional. It is a critical step in the naming process that every business owner should perform.

Understanding Trademark Basics

A trademark is a word, phrase, symbol, or design that identifies and distinguishes the source of goods or services. Trademark rights are established through:

Use in commerce: Simply using a name in business creates common law trademark rights in your geographic area.

Federal registration: Registering with the USPTO provides nationwide protection, legal presumption of ownership, and the right to use the ® symbol.

Trademark rights are category-specific. Two businesses can use the same name in different industries if there is no likelihood of consumer confusion.

Step-by-Step Trademark Search

Step 1: Preliminary Search

Start with a broad search to eliminate obviously problematic names:

If any of these searches reveal a direct competitor using the same name, the name is likely unavailable.

Step 2: USPTO Trademark Search (TESS)

The USPTO's Trademark Electronic Search System (TESS) is the official database of federally registered trademarks. To search effectively:

Search tips:

Step 3: Evaluate Trademark Classes

Trademarks are organized by international class, which describes the category of goods or services. Your business name only needs to be clear within your class and related classes.

Common classes for online businesses include:

If a similar mark is registered in a completely unrelated class, it may not prevent your registration.

Step 4: Assess Likelihood of Confusion

The USPTO evaluates whether your mark is likely to cause confusion with existing marks. Three factors matter most:

Similarity of marks: Are the names visually or phonetically similar? "QuickBooks" and "QuickBooks Pro" are considered similar. "QuickBooks" and "QuickLoans" are less similar.

Similarity of goods/services: Do the businesses operate in related categories? A software company and a bakery using the same name would not cause confusion. Two software companies using similar names would.

Similarity of trade channels: Do the businesses reach customers through the same channels? Both selling online increases the likelihood of confusion.

Step 5: Review Results

Trademark search results fall into several categories:

No conflicts found: Proceed with confidence, but consider a formal clearance search for important names.

Similar marks in different classes: Likely acceptable, but consult with an attorney if you are unsure.

Similar marks in your class: You may need to choose a different name or consult with a trademark attorney.

Exact matches in your class: You cannot use this name. Choose an alternative.

When to Hire a Trademark Attorney

While preliminary searches are something you can do yourself, a trademark attorney provides:

For important brand names, the cost of an attorney ($500–$2,000 for a clearance search and opinion) is minimal compared to the cost of rebranding.

Using FindMyDomain Alongside Your Trademark Search

FindMyDomain can help your trademark process by:

Domain availability and trademark availability are separate but related. A domain being available does not mean the name is free for trademark use, and vice versa. Always check both.