Step-by-step guide

How to check if a name is trademarked

Before you begin

Start by searching official trademark records, but do not stop after checking the exact spelling. A useful review also considers similar names, related goods and services, state records, and names already used in the marketplace.

Zylmark can help with preliminary searching across supported trademark databases and generated name variations.

01Step 1: Define the name and the offering

Write the name exactly as it will appear to customers. Then describe the products or services you plan to offer.

Trademark rights are connected to particular goods or services, so searching the name without understanding the offering can produce an incomplete or misleading review.

02Step 2: Search the exact name

Search the complete wording in the relevant official database. In the United States, begin with the USPTO Trademark Search system.

Record active registrations, pending applications, and important inactive records. Open each potentially relevant result instead of relying only on the search-results headline.

03Step 3: Search similar versions

Try alternate spellings, phonetic equivalents, spacing changes, plural forms, translations when relevant, and important pieces of a multi-word name.

Zylmark can generate and search name variations to support this step, but the user should still review what was searched and examine the returned records.

04Step 4: Compare the goods and services

Read the goods and services attached to each result. Ask whether consumers could expect the offerings to come from the same company.

Do not dismiss a result merely because it appears in a different class. Related products and services can cross class boundaries.

05Step 5: Search state and business records

Federal records do not include every state registration or business-name filing. Search the relevant state trademark and business registries, especially where the business will operate.

A state business-name result is useful information, but business-name registration and trademark registration are different systems.

06Step 6: Search real-world use

Search the internet, product marketplaces, app stores, directories, social platforms, and industry sources for the exact and similar names.

This step matters because U.S. trademark rights can arise from use even without federal registration.

07Step 7: Check domains and handles

Domain and social-handle availability affects branding logistics, but it does not prove trademark availability. Treat these as separate checks.

08Step 8: Evaluate and document the findings

For each important result, record:

  • The name and owner.
  • Status and jurisdiction.
  • Goods and services.
  • Classes.
  • Relevant dates.
  • Where the name appears to be used.
  • Why it may or may not be relevant.

The Detailed USPTO Report can help organize supported USPTO findings, while broader external findings should be recorded separately. Available separately for $49.99.

09What does “no result” mean?

It means the search as performed did not return a result. It does not prove that no one has rights, that every relevant variation was searched, or that a future application will be approved.