Trade name search finds out trade name or business name rights.
USPTO and Trademark Registration
USPTO rejects trademark registration on possible grounds, such as when the mark is deceptively misdescriptive or the trademark is primarily merely a surname.
Consequences of Skipping the Search
What if I skip the trademark search? USPTO will reject your application based on the likelihood of confusion.
Checking for Unregistered Names
There are other ways to check using a name that isn’t trademarked. Having a unique name is good for marketing. Check the USPTO database. It is possible to register a trademark that is the business name. Business name registration has different objectives.
Searching on the USPTO Website
You can search federally registered trademarks on the USPTO’s website. Go to the USPTO’s Trademark Electronic Business Center. Then follow the instructions you see.
Naming Your Business Carefully
Take your Time in the Beginning when naming your Small Business. Use a combination of words that relate to your business, including industry terms reflecting values or mission.
Avoiding Legal Issues
You can register a trade name publicly. Research thoroughly the country where you operate. Checking if a Company Name is Available avoids lawsuits and infringement. Our tools help choose business names.
Trademark Registration Costs
Filing a trademark with USPTO costs between $225-$600 plus legal fees. State registration is $50-$150 without protection outside state.
Establishing a Common Law Trademark
You can establish a “common law trademark” for free by opening for business. It has the benefit of being free without forms. You can’t register a trademark without a business.
Online Tools and Databases
Most states’ website includes an online tool to search and find if another business uses your chosen name.
Descriptive Use of Trademarked Names
You still can use a trademarked name descriptively in good faith without referencing the mark.
How to Find if a Business Name is Trademarked?
To look up trademarks for free, you can use the Trademark Electronic Search System (TESS) on the United States Patent and Trademark Office (USPTO) website. You can also visit the USPTO’s Public Search Facility or a Patent and Trademark Resource Center near you.