How do I know if my business name is already trademarked?
Asked by: Dr. Iliana Hilpert III | Last update: June 1, 2026Score: 4.8/5 (48 votes)
To check if your business name is trademarked, search the United States Patent and Trademark Office (USPTO) database for federal trademarks and your state's Secretary of State website (like California's) for state-level registrations, using their specific trademark search tools for active marks, similar-sounding names, and relevant product/service classes to see if your name or a confusingly similar one is already in use.
How do I check if a business name is already trademarked?
For U.S. businesses, the USPTO's Trademark Electronic Search System (TESS) is a great resource. It allows you to look up registered and pending trademarks to see if your name or logo already exists.
How do I check if my company name is trademarked?
To check if a business name is taken, search your state's business entity database (usually available on the Secretary of State's website). You should also check trademark databases such as the USPTO to avoid legal conflicts.
Can I do a TM search myself?
Yes, you can do a basic trademark (TM) search yourself for free using the United States Patent and Trademark Office (USPTO) website, checking for exact matches and similar names for your goods/services, but it's challenging to find all similar marks (confusingly similar), unregistered (common law) marks, or international conflicts, so a professional search by an attorney is recommended for comprehensive clearance to avoid costly application rejections or disputes later, notes LegalZoom and Brown & Michaels, PC.
How do I check a TM status?
Use our online Trademark Status and Document Retrieval (TSDR) system to check your status and view and download documents. In the search box, enter your application serial number or registration number and select the Status or Documents buttons.
How Do I Check If A Name Is Trademarked? - BusinessGuide360.com
Can I do a trademark search for free?
Yes, you can search for trademarks for free using government databases like the United States Patent and Trademark Office (USPTO) search system, which provides access to registered and pending applications. You can also find free tools and databases for basic searches on sites like LegalZoom or Trademarkia, and international searches through WIPO's Global Brands Database. While free searches are great for initial checks, a comprehensive search for similar names, logos, or related goods often requires a professional trademark attorney to avoid costly disputes.
How long does a trademark last?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
How much will it cost to trademark a name?
Trademarking a name costs roughly $350–$850 for basic federal filing, depending on the application type and number of goods/services classes, but can rise to several thousand with attorney fees for searching and complex filings, with ongoing maintenance fees for renewal. The primary government fee is $350 per class using the standard online form (TEAS Standard), with cheaper (TEAS Plus) or pricier options, plus potential surcharges and ongoing maintenance costs for renewal and monitoring.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
How to check if a business name is available?
To check business name availability, search your state's Secretary of State database, the USPTO trademark database, social media, and for domain names, ensuring it's unique and doesn't conflict with existing businesses or trademarks, as a name available with the state isn't guaranteed to be trademark-free or usable, say experts at LegalZoom and the SBA.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
Is a business name automatically trademarked?
Trademark Application Process:
To trademark your business name, you need to file an application with the USPTO. This process involves conducting a comprehensive trademark search to ensure your chosen name is not already in use. Once approved, you will receive exclusive rights to your business name at the federal level.
Are trademarks public records?
Yes. The public uses USPTO application and registration records to identify the owner of a trademark and their attorneys and representatives. This information is valuable to the public and is often used to perform a clearance search when another party is considering whether to use a mark.
Can you trademark a business name if it already exists?
Key Takeaways: You generally cannot trademark a name that already exists if someone else has priority rights to it through federal registration or prior commercial use. Common law trademark rights can exist even without federal registration if a name is used in commerce.
What cannot be trademarked?
The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)
Can I trademark a name myself?
Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.
Can I put TM on my logo without registering?
If you want to claim a mark as your own before it has been officially registered, you can use the trademark symbol if you sell goods, ™, or the service mark symbol if you sell services, SM. You can use these even if you have not filed an application to register your mark.
Should I get a trademark or LLC first?
For most businesses, form your LLC first, then trademark, because the LLC becomes the legal owner of the trademark, providing asset protection and official business status, but it's wise to do a trademark search before finalizing your LLC name to avoid conflicts and costly rebranding later. Forming the LLC first establishes the entity that will own the mark, simplifying ownership, but checking name availability before formation prevents issues where your chosen business name is already trademarked.
Can I get a trademark for free?
There is no way to register a name trademark for free because you will always have to pay at least a small fee that covers the costs of examining and processing your trademark application. There is no way to get a federal trademark for free.
Can I use a trademark before registering?
Every time you use your trademark, you can use a symbol with it. The symbol lets consumers and competitors know you're claiming the trademark as yours. You can use TM for goods or SM for services even if you haven't filed an application to register your trademark.
Should I register my business name as a trademark?
Key Takeaways. Trademarking your business name gives you legal ownership and nationwide protection. An LLC or domain name does not protect your brand like a trademark does. Waiting too long to trademark can lead to costly legal issues or forced rebranding.
What are the 4 types of trademarks?
The four main types of marks registered with the USPTO are Trademarks, Service Marks, Certification Marks, and Collective Marks; however, marks are also categorized by strength (fanciful, arbitrary, suggestive, descriptive, generic), which determines protection levels, with fanciful (like Kodak) being strongest and generic (like "Aspirin") having none.
Is Taylor Swift's name trademarked?
Yes, Taylor Swift has a massive trademark portfolio protecting her name, albums (like Midnights, 1989), iconic lyrics ("This Sick Beat," "The Old Taylor Can't Come to the Phone Right Now"), tour names, and even her cats (Meredith, Olivia, Benjamin) and fan terms ("Swifties," "Swiftmas") for various products and services. Her proactive strategy covers a wide range of merchandise and commercial uses to maintain brand control.