Before you invest in a new name or logo, search first. A proper trademark search goes beyond a quick web query. It looks at federal and state registers, plus unregistered (common-law) uses in the marketplace. That extra diligence can prevent refusals, disputes, and costly rebrands.

Why Search Matters

  • Avoid USPTO refusals: The Office will refuse marks that are confusingly similar to existing registrations or pending applications.
  • Reduce legal risk: Overlaps invite cease-and-desist letters, oppositions, or infringement claims.
  • Save time and budget: It’s cheaper to pivot names pre-filing than post-launch.

Three Layers of a Smart Search

  1. Federal register (USPTO): Search word marks and design marks. Review live and relevant dead records for similar sound, appearance, and meaning.
  2. State databases: Many smaller brands register locally; they can still block or complicate your plans.
  3. Common-law use: Scan websites, marketplaces, social media, directories, and industry sources for unregistered but active uses.

How to Evaluate Risk

  • Similarity: Consider look, sound, and connotation—not just exact spelling.
  • Relatedness: Ask whether consumers might think the goods/services come from the same source.
  • Strength of the other mark: Famous or distinctive marks cast a long shadow.
  • Channels of trade and buyers: Overlap in sales channels or audiences increases risk.

Best Practices

  1. Search early, search wide: Build searches into your naming process—don’t wait until launch day.
  2. Screen multiple candidates: Keep backup names so you can pivot fast if a conflict appears.
  3. Document findings: Save screenshots and notes; they help with strategy and future disputes.
  4. Get professional help: Attorneys use comprehensive tools and know the red flags examiners watch for.

Quick-Take Q&A

  • Is a Google search enough?

    No. Google is a start, but you must check the USPTO register, state databases, and common-law uses to catch conflicts.

  • Do spelling tweaks avoid conflicts?

    Not necessarily. Sound-alikes or similar meanings can still confuse customers and draw refusals.

  • Should I search logos, too?

    Yes. Design marks can conflict even when words differ. Search word and design marks together.

  • If I only sell locally, do I still need a federal search?

    Yes. Federal rights can impact your local use, and online sales erase geographic boundaries quickly.

Nathan Moore is a trademark attorney located in Nashville. Moore Law PC helps individuals and businesses successfully apply for and register trademarks nationwide.