Guide
How to check if a name is trademarked
Search the trademark register for the name and for names close to it, in the classes of what you sell, then check whether anyone uses it without registering. Six steps, each with a free tool, and about fifteen minutes.
1. Search the U.S. register for the exact name
The federal register holds every U.S. trademark application and registration, 14.3 million records in all. Type the name into the USPTO trademark search. For each result, look at the status: registered and pending marks are live and can block you; abandoned and cancelled marks are dead and generally cannot.
2. Look for names that are close, not only identical
An application is refused when an earlier mark is likely to be confused with yours, judged on how alike the two look, sound and mean. NORTHWYND can block NORTHWIND; a translation or a near-homophone can too. An exact-match search misses these, so use a search that finds similar spellings and sounds, as ours does.
3. Narrow it to your classes
Trademarks are registered for particular goods and services, grouped into 45 classes. The same word can belong to different owners in unrelated classes, so a match only matters if it covers goods or services related to yours. Not sure of your classes? The class recommender picks them from a description of what you sell, and each class page shows the words already crowded there.
4. Check who owns the close matches
A similar mark held by an owner who never enforces it is a different risk from one held by an owner who fights. Some owners challenge other people's applications constantly: Monster Energy Company has opposed or sought to cancel 831 marks since 2015, Apple Inc. 491, and Caterpillar Inc. 399. Our trademark availability check flags matches whose owner often opposes.
5. Check for use that was never registered
In the U.S. a business gains rights in a name simply by using it, and can stop a later user in the area where it trades, registered or not. Search the web, the marketplaces you sell on and app stores for the name. The business name checker also shows whether the matching domains and social handles are taken, which often reveals an existing business. A name can also be registered with a single state and not federally: the state trademark search lists each state's official register.
6. Check abroad and check your logo
A U.S. search says nothing about other countries. If you sell abroad, search the international (Madrid) register (2.8 million registrations) and the Canadian register, and the national office of any other country you plan to enter. If your brand has a logo, run it through the logo search too: a design can conflict even when the words do not.
Why it is worth the fifteen minutes
The USPTO fee is $350 per class, and it is not refunded if the application is refused. A refusal can also come months after you have printed packaging, built a website and listed products. Checking first costs nothing; the trademark availability check runs steps 1 to 6 in one go.
Questions
How do I know if a name is already trademarked?
Search the U.S. trademark register for the name and for names close to it, in the classes of what you sell, and look at whether the matches are live (registered or pending) or dead. A free search such as ours finds similar spellings too, which an exact search misses.
Is it free to check if a name is trademarked?
Yes. The USPTO's own search and the searches on this site are free. A full clearance search by an attorney costs money, and is worth it for a name you will invest heavily in.
If a name is not registered, can I use it?
Not always. In the U.S. a business gains rights in a name just by using it in trade, without registering it, and can stop a later user in the area where it trades. Check the web, state business records and marketplaces for unregistered use as well.
Does registering an LLC or company name mean it is trademarked?
No. A state company registration only records the business entity. It gives no trademark rights over the name and does not stop someone else registering it as a trademark.
What do the TM and R symbols mean?
TM can be used by anyone claiming a mark, registered or not. The circled R may only be used once the mark is registered with the USPTO, and only for the goods or services in the registration.
General information, not legal advice. A clean result is a strong signal, not a guarantee. For a name you will build a business on, a trademark attorney can run a full clearance search. Next: how to register a trademark.