How to check if a business name is trademarked?
Asked by: Meghan Brakus | Last update: April 10, 2026Score: 4.5/5 (43 votes)
To check if a business name is trademarked, search the United States Patent and Trademark Office (USPTO) database (TESS), your state's business registry, and use search engines for common law uses; remember to look for similar names and related goods/services, as a name might be trademarked in a different industry, and consider consulting a trademark attorney for thorough clearance.
Can I check if a business name is trademarked?
Information about federal trademarks is available from the United States Patent and Trademark Office. Information about state trademarks is typically available through the websites of Secretary of State offices.
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 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.
How To Trademark Your Business Name & Logo
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.
What names to avoid for LLC?
You should avoid LLC names that are misleading, include restricted words like "bank" or "insurance" (unless licensed), contain offensive language or suggest illegal activity, are too similar to existing trademarks, imply professional licensing you don't have (like "CPA"), or use overused clichés (like "Apex" or "Pinnacle"). Always check your state's specific rules and ensure the name isn't already registered or trademarked.
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.
How much will it cost to trademark a name?
Trademarking a name costs between approximately $225 to $400+ for the initial U.S. federal application fee per class of goods/services, with common options like TEAS Plus at $225 and TEAS Standard at $350+ through the USPTO. Total costs vary significantly, potentially reaching several hundred to thousands with attorney fees, clearance searches, and future maintenance fees (due years 5-6 and every 10 years).
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.
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.
How to check if a brand name is taken or not?
The Basics: Where and How to Check The Availability of Your Trademark. The official IP India Search database acts like a reality check for your brand. A few clicks reveal whether your name, logo, or slogan is clear for use—or already spoken for. It's the fastest way to gauge your trademark territory.
Are LLC names public record?
Yes, LLC names and formation details are generally public record when filed with the state, accessible through the Secretary of State's database, but you can achieve anonymity in some states (like Delaware, Wyoming, New Mexico, Nevada) by using nominee services or structuring ownership through another entity, shielding individual member names from public view. While the LLC's name, registered agent, and business address are public, owner names (members/managers) might be hidden depending on state law or anonymity strategies.
Are business names automatically trademarked?
Common Law Trademark Rights
If a business or individual uses a name for their goods or services, they can establish what are called common law rights. These rights are automatic from the moment the name is used publicly in commerce and can provide some limited protection, even without a registered trademark.
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)
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).
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
Can I trademark my business name myself?
Filing for a trademark application is rather simple; you can do it yourself by filing the application directly with the USPTO for a $325 fee, or through online services for a small, additional fee.
Is it better to trademark a name or logo?
Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name.
Do I need a lawyer to trademark a name?
No, a U.S.-based applicant isn't legally required to use an attorney to file a trademark, but it's strongly recommended because the process is complex, and mistakes can lead to rejection or weak protection. An attorney handles crucial tasks like trademark clearance searches, class selection, responding to Office Actions, and ensuring proper legal arguments, significantly increasing the chances of approval and providing better overall protection, though foreign applicants must use a U.S.-licensed lawyer.
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.
Can I use brand registry without a trademark?
To enroll a brand in Brand Registry, your brand must have an active registered trademark or a pending trademark registration.
What to call yourself if you own an LLC?
Official Titles for LLC Owners
State business laws refer to an LLC owner as an “LLC member.” Most states require an LLC to have at least one member (see LLC member definition). Thus, you can use the built-in tile of “member” if you run a single-member LLC.
What not to put in a business name?
Use a name that is deceptively similar to another business name on record, such as Spencer Gifts versus Spencer's Gifts. Use a name with any sort of profanity in it. Use derivatives , or other forms of prohibited words, such as adding “ing” to the end or using its plural form.
What does LLC 🕊 💔 mean?
The phrase "LLC 🕊️💔" usually means a Limited Liability Company (LLC) that has recently passed away (🕊️ - dove emoji), often due to the owner's death, signifying the dissolution or closure of the business and the heartbreak/loss (💔 - broken heart emoji) associated with it, especially on social media where influencers or creators use it to announce a business closing or personal tragedy affecting their brand.