How to Run a Preliminary Trademark Availability Check
Picking a business name or logo feels exciting until you find out someone else legally owns it. But before you spend money on logos, packaging, or ads, there’s one thing you must do: check trademark availability.
A quick preliminary check saves you from wasting time and money on a trademark that’s already taken. With free tools, you get a first look at potential conflicts before spending on full applications.
Checking trademark availability isn’t just about checking whether the domain is available or not. It also does not check if the name is used by anyone else on social media, like Instagram. A real check looks deeper. It looks into legal databases where registered trademarks live. Skipping this step could mean building your business around a name you can’t legally use.
Start with Free USPTO Search
Hit up the USPTO’s free database. Catches identical federal filings, but nothing else.
What it shows:
- Live registrations.
- Pending applications.
- Exact matches only.
Free Search Reality Check
Basic tools lie to you. They miss the real dangers.
What they skip:
- Similar-sounding names.
- State trademarks.
- Businesses using it are unregistered.
- International conflicts.
When to Upgrade Your Search
If the free check trademark availability comes back clean, don’t stop there. Move to paid comprehensive reports. This will help you get peace of mind.
Federal + State Search:
- All 50 states plus the USPTO.
- Similar marks across classes.
- Detailed risk analysis report.
Global Search:
- U.S., Canada, UK, EU, and WIPO databases.
- Perfect for expanding businesses.
Federal + State + Common Law:
- Finds unregistered users too.
- Multiple business databases checked.
- Covers websites and business names.
Don’t Ignore Common Law Use
Not every business registers a trademark. Some use their name locally for years and still have rights under common law.
These aren’t always in the USPTO database, so you’ll need to dig deeper.
Look at:
- Local business directories
- State-level business filings
- Domain names and social media
Understanding Search Results
Results aren’t always obvious. Learn to read between the lines.
Green flags:
- No live exact matches.
- Only dead/abandoned marks.
- Different classes from your business.
Red flags:
- Live marks in the same/similar classes.
- Pending applications.
- Identical marks owned by competitors.
Common Mistakes Beginners Make
New business owners mess up searches all the time. It is essential to avoid these traps.
Some common errors that must be avoided are:
- Only searching for exact spelling.
- Ignoring “dead” marks that could revive.
- Skipping class analysis.
- Not checking common law uses.
- Relying solely on free tools.
Save Your Work
It is always better to keep copies of what you find. Print screenshots, save links, and note dates. Saving your work helps you prove that you have done proper research. This matters if there’s ever a dispute.
Know When to Get Help
A basic check is great for early ideas. But if you’re serious about moving forward, consider going further.
Some services offer detailed reports that include:
- Federal and state searches
- Common law checks
- Analysis of potential conflicts
- They go beyond the basics and give you a clearer picture.
Last Words
To many business owners, spending time to check trademark availability seems to be a waste of time and effort. However, it is a short process that prevents you from facing issues later. Taking 20 minutes to check trademark availability now can save you thousands later.
It is better to use the USPTO tool to search for similar names, check the class, and consider real-world use.
