Is your business name trademarked?
A name that’s free to register as an LLC can still belong to someone as a trademark. Check the official databases before you build a brand — here are the direct links and how to search them so you don’t miss a conflict.
These are official government / intergovernmental databases — all free to search. We link out rather than running our own index (see the note below).
How to check if a name is trademarked
- 1 Search the exact name you want on the USPTO database (linked above) — across all goods/services classes, not just yours.
- 2 Search close variations: different spellings, plurals, and especially names that SOUND alike. Trademark conflicts hinge on "likelihood of confusion", not identical spelling.
- 3 Note the status of any match (live vs dead) and the class of goods/services — a live mark in your industry is the real red flag.
- 4 If you’ll sell internationally, repeat the search on WIPO Global Brand Database and TMview for the markets you care about.
- 5 A clear search is encouraging but not a legal clearance. Before you invest in a brand, have a trademark attorney run a professional clearance and opinion.
Entity name vs. trademark — two different things
Entity name
Registered with one state’s Secretary of State. Lets you legally operate under that name in that state. Doesn’t stop a company elsewhere from using it. This is what our business-name search checks.
Trademark
A national right tied to using a brand on specific goods or services, and to stopping confusingly similar uses. Based on actual use in commerce — and can exist even without registration ("common law" rights).
A name can clear your state’s entity search and still infringe a federal trademark. Run both checks before you commit.
Why we link out instead of searching for you: the USPTO database has no public API and blocks automated access, so the only honest, accurate option today is to send you straight to the official tool. We’re building a searchable index on the USPTO’s bulk data — until it’s genuinely reliable, the authoritative source is one click above.
Name and brand both clear? Time to make it official.
Once your name is free as an entity and clear of obvious trademark conflicts, the next step is forming the company. File directly with the state, or compare formation services that handle it end to end.
Frequently asked questions
How do I check if a business name is trademarked?
Search the official USPTO Trademark Search database for U.S. marks, and the WIPO Global Brand Database or TMview for international ones. Search not just the exact name but similar spellings and sound-alikes within the goods/services classes you’ll operate in — trademark law turns on "likelihood of confusion", so a similar mark in your industry matters more than an identical mark in an unrelated one.
Is the USPTO trademark search free?
Yes. The USPTO Trademark Search system (which replaced the old TESS in 2023) is free and public at tmsearch.uspto.gov. WIPO’s Global Brand Database and EUIPO’s TMview are free too. You only pay when you actually file an application to register a mark.
What’s the difference between an entity name and a trademark?
An entity name (what you register with a Secretary of State) just lets you legally operate a business under that name in that one state. A trademark is a national right to use a brand on specific goods or services and to stop confusingly similar uses. A name can be available as an LLC in your state yet still infringe someone’s federal trademark — they’re separate checks. Pair this tool with our business-name search.
Does a clear trademark search mean I’m safe to use the name?
Not by itself. A self-search is a smart first filter that can rule out obvious conflicts cheaply, but it isn’t a legal clearance. Unregistered "common law" trademarks, pending applications, and judgment calls about confusion all matter. For a name you’re committing real money to, have a trademark attorney do a full clearance — this tool is general information, not legal advice.
Do I need to register a trademark to start my LLC?
No — forming an LLC and registering a trademark are independent. You can launch your company without a federal trademark, and many small businesses do. But searching first protects you from building a brand you’ll later be forced to abandon, and registering becomes worthwhile once the brand has real value.
The founder’s starting-a-US-company checklist
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