Screen potential business names for trademark conflicts before filing. This tool performs preliminary checks based on common naming patterns and similarity analysis.
This tool performs preliminary screening of business names by analyzing:
Important: This is a preliminary screening tool only. It does not search official trademark databases (USPTO, WIPO, or state registries) and cannot guarantee availability. Always conduct a comprehensive trademark search with a legal professional before filing.
Type the exact business name, brand name, or product name you're considering using. The tool will analyze the name as entered.
Choose the industry category that best matches your business. Trademark availability is often evaluated within the context of specific industries and markets.
The tool provides a risk assessment with specific issues identified:
Words that describe the general category of goods or services cannot be trademarked. Examples include "Computer," "Coffee," "Consulting," or "Fitness" when used for those exact industries.
Names that merely describe what you do are difficult to trademark. "Quick Delivery Service" describes the service rather than distinguishing your brand from competitors.
Names primarily indicating geographic locations (city names, state names, regional indicators) face registration challenges unless they've acquired secondary meaning.
Surnames alone are generally not trademarkable unless they've become distinctive through extensive use (e.g., McDonald's, Ford).
Even if your name isn't identical to an existing trademark, it could be rejected if it's too similar and operates in related industries, creating consumer confusion.
Use the USPTO's Trademark Electronic Search System (TESS) to search registered trademarks and pending applications. Consider hiring a trademark attorney to conduct a comprehensive clearance search.
Verify that matching domain names are available for your business. Consistent branding across trademark and domain is valuable.
Check state-level business name registries in states where you plan to operate, as unregistered common law trademarks may exist.
Search for existing business names on social media platforms to identify potential conflicts and secure consistent handles.
Before investing in branding, packaging, or marketing materials, have a trademark attorney review your name choice and conduct a full clearance search.
No. This is a preliminary screening tool that analyzes naming patterns and common issues. It does not access USPTO, state, or international trademark registries. You must conduct official database searches separately.
Possibly. Adding distinctive elements to descriptive terms can sometimes create a registrable mark, but the combination must be sufficiently unique. "Smith's Computer Repair" would still face challenges, while "Purple Octopus Computer Repair" would be more distinctive.
The strongest trademarks are fanciful (made-up words like "Kodak"), arbitrary (common words used in unrelated contexts like "Apple" for computers), or suggestive (requiring imagination to connect to the product, like "Netflix").
USPTO trademark registration typically takes 8-12 months if no objections arise. Complex applications or oppositions can extend this to 18+ months.
Yes, you can use your name while your application is pending. However, you should mark it as "TM" (not ®) until registration is complete. You gain some protection from the filing date if approved.
™ indicates a trademark claim (registered or unregistered). ® indicates the mark is officially registered with the USPTO. Using ® before registration is illegal and can result in penalties.