A trademark search is the single most important legal step before committing to a business name. Skip it, and you might spend two years building a brand you don't legally own. Here's how to do a basic search yourself in 20 minutes, and when to bring in professional help.
What a Trademark Actually Protects
A US federal trademark gives the owner exclusive rights to use a specific name (or logo) in a specific category of goods/services nationwide. The category is called an "International Class" (there are 45 of them). Bakeries are Class 30 + 43. Software companies are usually Class 9 + 42. Apparel is Class 25.
The same word can be trademarked by different companies in different classes. That's how "Delta" can simultaneously be an airline (Class 39) AND a faucet brand (Class 11). But within the same class, only one business owns the name.
Step-by-Step: Basic USPTO Search
- Go to tmsearch.uspto.gov — the new USPTO trademark search (replaced TESS in late 2023).
- Search your exact business name in "basic word mark" mode.
- Filter results to live marks only (dead marks are abandoned and can't block you).
- Scan the results. For each live match, note the International Class — is it the same class as your business?
- Repeat the search with phonetic variants: "Cozy" → search "Cozie", "Kozy", "Kozie", "Cosy". USPTO uses "likelihood of confusion" not exact match.
- Search the plural form, the possessive form, and any prefix/suffix variants ("Sugar Bloom" → also "SugarBloom", "Sugar Blooms", "Sugar Bloom Co").
Reading the Results
You'll see one of four outcomes:
- No live marks anywhere — you're probably clear. Still worth a professional search before filing, but basic risk is low.
- Live mark in a totally unrelated class — usually safe. Example: you're starting a yoga studio (Class 41), existing mark is in Class 9 (electronics). A trademark attorney will confirm, but this is rarely a conflict.
- Live mark in an adjacent class — risky. If you sell software (Class 9) and there's an existing mark in Class 42 (software services), the USPTO may still refuse your application. Consult an attorney before spending on branding.
- Live mark in YOUR exact class — stop. Pick a different name. Fighting this is almost always cheaper to avoid than to contest.
Common-Law Trademark Rights
Here's the catch most founders miss: even an unregistered business can own a "common-law" trademark just by using the name in commerce. The USPTO won't show these. That's why you also need to:
- Google the exact name + "LLC", "Inc", "Co"
- Check Yelp, Google Maps, and Facebook for active businesses using the name
- Search state business registries (especially your state and nearby ones)
If someone's been quietly running "Sugar Bloom Bakery" in Oregon for 10 years without a federal trademark, they can still sue you for infringement in their geographic area.
When to Hire a Trademark Attorney
- Before filing a federal trademark application ($350/class in USPTO fees + $500-1,500 attorney fees)
- When your basic search turned up ambiguous results in adjacent classes
- When you're about to invest $10K+ in branding, packaging, or inventory
- When you're raising a round — investors will ask whether the name is legally clear
Services like LegalZoom and Trademark Engine cost less but won't catch common-law conflicts a real attorney would. For a name you plan to keep 10+ years, the real attorney is worth it.
The 20-Minute Pre-Attorney Checklist
- ✅ USPTO search (exact + phonetic + plural) — all classes relevant to your industry
- ✅ Google "[exact name]" in quotes — page 1 and 2
- ✅ State business registry search
- ✅ .com availability check
- ✅ Social handles available
If all five are clean, your name is probably safe. Before you file for a federal trademark, have an attorney do a professional clearance search anyway — it's the cheapest insurance you'll ever buy.
Start With a Name That's Likely Clear
Generic, made-up, or highly distinctive names (Xerox, Kodak, Stripe) are much easier to clear than descriptive ones ("Best Bakery"). Our business name generator favors distinctive, brandable combinations — the kind that are easier to trademark and harder for competitors to argue against.