Trademark search business name [Definitive Guide]



Last updated : Aug 13, 2022
Written by : Frederica Wilmes
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Trademark search business name

How do I know if a company name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen.

Can I do a trademark search on my own?

Conduct the Search. Search on TESS--the USPTO's web-based Trademark Electronic Search System-at your local Patent and Trademark Resource Center (www.uspto.gov/ptrc) or at home if you have Internet access.

Can I do a trademark search for free?

Anyone can search trademarks for free using the USPTO's Trademark Electronic Search System, or TESS. While it's relatively easy to search for direct name matches, trademark searches can grow complicated and you may want help to conduct a more thorough search.

Can I trademark my business name for free?

Can I trademark a name for free? You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business.

Can you trademark a name already in use but not trademarked?

If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

Are company names trademarked or copyrighted?

A trademark represents your brand or product. Names, logos, and slogans are common trademarks. A copyright, on the other hand, protects a work of authorship, including books, paintings, and even computer code. To ensure intellectual property is protected, work with your attorney to obtain a federal registration.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How long does it take to do a trademark search?

Depending on whether you decide to consult an attorney, a trademark search can take anywhere from one day to a few weeks.

What is a dead trademark?

“A dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.”

How much is a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it's not a bad idea to use a lawyer or filing service.

How do I trademark a name and logo?

  1. Complete a trademark search.
  2. Secure your rights.
  3. Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.
  4. Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.
  5. Submit an "intent-to-use" form.
  6. Pay the fees.

What is the difference between copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

Should I get a trademark or LLC first?

4. Should you get an LLC first or trademark? Yes, you should get an LLC first before a trademark because the trademark application will need to identify the LLC as the trademark owner. You should create an LLC or business entity before you file a trademark application.

What is the cheapest way to trademark a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

Are trademarks easy?

Registering a trademark is a fairly straightforward process that you can complete in just a few easy steps. This guide will walk you through each step needed to register and trademark your brand name, and answer some frequently asked questions about registering your trademark.

Can 2 businesses have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

What names Cannot be trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

Can two companies have the same trademark?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

What happens if I don't trademark my business?

If you do not register your trademark, you will have legal rights only within the geographic areas where you operate. This means you may be able to stop a subsequent user of the mark, even if it is a bigger company, from using the mark in your geographic area only.

Why should I trademark my business name?

Names hold power in business. So establishing ownership of and rights to a business name is an important step for businesses that want to ensure a name remains one-of-a-kind. Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows.


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Trademark search business name


Comment by Venetta Hopewell

when you create a new business or product or service one of the first things that you're going to do is create a name for it but you want to make sure that you don't go to all the time and effort of creating that name only to find out later that someone else has already registered that name as a trademark so what I'm going to do today is show you a really handy website that you can use where you can check to see if that name or even logo design has already been registered by someone else so let's go over to the computer and I'll show you that site ok folks so this is the website I'd like to take a look at with you today it's the World Intellectual Property Organization website and the address is WIP all dot I n T so if you go to that website address you then will have this page we then need to click on knowledge in the menu and global brand database we want to then click on access the global brand database so I want to do today is I want to show you how to do two simple searches using this database a name search and an image or local search we're going to search for a fictitious company that I'm setting up called a red squirrel and it's going to be a design company so to search for any businesses which have the name red squirrel it's really straightforward you just go to the text area and you type in red squirrel we are also going to put into the goods and services that it is a design service and we just hit search and this is the results that we get so we can see here we've got Red Bull we've got ones just called squirrel and we've got green squirrel we've got purple squirrel we've got design squirrel lots of them here but we do not have red squirrel so it would be okay on the name with that so which is great that's exactly what we want the next thing that we can do is we can actually do an image search to see if there are any logos out there with squirrels in them say we had an idea for a squirrel logo so what you want to do is you want to clear your current search which you can see here you just click on the little checkboxes and that clears the search so we do is you go to the image class section and we typed in squirrel and you'll see on this drop-down it gives us two choices we've got just squirrels or we can have a group so squirrels chipmunks animals which are similar for us we just want to do a search on squirrels today so if you click that you'll see that it changes it into a specific number in the database then you click search and it gives us results 123 pages of 30 results each page of squirrel logos so you can actually have a browse through all of these to see what squirrel logos have been registered as trademarks that will allow you to develop your own mobile concept around a squirrel idea or image and not infringe on an existing one which is in the trademark database and that's it it's really simple to use and it will just give you a little bit more peace of mind that you can use the name that you're thinking of or if it's the other way around it stops you from wasting time and resources pushing forward with a name or a logo design that at the end of the day you're not going to be able to use because someone has already registered it as their intellectual property so they are folks that's the WIPO website it's a great way to do kind of a surface level check just to see if anyone's registered a name that you're thinking about using I would always suggest though that you hire the services of a professional IP lawyer they will do a full and thorough check for you to make doubly sure that the classification that you want to register that Niemann is free if you've liked this video and find it useful I'd really appreciate it if you could share it with your friends and colleagues on social media or by email make sure to give the video a thumbs up subscribe to the channel if you haven't done so already um when you do make sure you click on that little bail icon and you'll be notified whenever I release a new video so until I see you next time stay creative folks


Thanks for your comment Venetta Hopewell, have a nice day.
- Frederica Wilmes, Staff Member


Comment by Moriah

so to trademark your name that you would like to use you're going to come here to uspto.gov trademarks and when you're here you'll search trademarks up here at the top before you apply you should search the uspto's trademark database to see if any trademark has already been registered or applied for that is similar to your trademark used on related products or for related services and live a trademark that meets all three criteria will prevent your trademark from being registered because it creates a likelihood of confusion so we're gonna click on the link we're just gonna do the basic word march mark search new user and right here you won't change anything above we're just going to type in the name of our product our new business you know maybe you're an artist maybe it's a new company and you want to trademark your company name and whatnot logo and all that this is where you're going to go and search i'm sure some of you guys are familiar with a company like uh if facebook is available oh what do you know facebook actually is showing up in here quite a few times now i'm sure a lot of these people some of these in here might not have any actual association with facebook they might just be trying to benefit from their name potentially facebook i'm out but you can see a lot of facebooks a lot that are live meaning it's still active and even a lot of dead ones too but that means ultimately facebook is unavailable and you would not be able to trademark facebook now i didn't even need to do that and you could have just typed back in your browser tab button now my vba is one of my businesses that's not actually a legit registered business yet but it's my dba and i do have a it is kind of registered with the city massachusetts but it's not an actual llc and i've never trademarked it or attempted to but i wonder if it's even available so the good thing is to know that it is available so if i decided if things started to pick up more attention and i decided i wanted to trademark it and i already have products out with it so if someone decided oh let me jump on that be a wise guy well i already have the website name under my umbrella under my wing and i already have products that have it actually out there so when push comes to serve if someone decided to just jump on it today whereas i already have something that's established under that brand name it probably would be easier for me to attain that trademark however it technically hasn't been legally registered so i haven't protected it and i'm leaving it out there to be potentially taken by someone else who decides they want to use that name for their trademark so it's something to consider you know i know sometimes we don't think it's important but sometimes it might be and you never know how big your brand how big your company how big your little side product or your artist name or whatever it might become because someone might take it then they'll kind of hold you captive and say well i want a hundred thousand dollars because you're beyonce and that would be unfortunate something to consider it might not be necessary or maybe you don't intend on making it huge and it's just not needed in that sense so this wouldn't be something you would need to do but this is also a good way to allow you to come and see hey you know i am just starting this business or this product or this project and i do want to kind of do my own branding for it i want it to have its own branding its own website and things like that well this is just one other place that you can come to utilize to see if this name is something that's unique or if it's kind of already being used out there and how serious that is because if it is something that someone has made the time and energy to trademark then they are probably somewhat pretty serious about it so something to consider something to keep in mind but hopefully you found this video helpful and you know now how you can search to see if your business name is available if you want to trademark your business name or your product or your company whatever you know project whatever it might be this is how you do that search and how you would go about that process so hopefully you found this video helpful if so like this video and of course subscribe to the channel thank you you


Thanks Moriah your participation is very much appreciated
- Frederica Wilmes


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