If you want to make sure your next business or brand name won’t get you sued, you must conduct a trademark clearance search. When you’re all pumped up about starting your own business and selecting a cool brand name, the last thing you want is someone showing up saying you can’t use it. That’s where a trademark clearance search comes in, and we’re going to walk you through exactly how it’s done. Of course, a trademark attorney will help guide you through this process and the actual registration of your trademark, but this tutorial is a great place to start when evaluating your next brand name.
Step 1: Visit the US Trademark Website
Start by visiting the website of the United States Patent and Trademark Office. You can find it at uspto.gov. This place is like the headquarters for all things related to trademarks.
Step 2: Navigate to the Search Page
Once you’re on the USPTO website, look around until you spot the “searching trademarks” option. Then click “Search our trademark database”:
Step 3: Type in Your Brand Name
Here comes the fun part – searching for your brand name. For the sake of illustration, let’s imagine you’re naming your water bottle brand “Llama Drama.” Type that name (or whatever name idea you have for your business) into the search bar and hit the search button for your initial search results:
Step 4: Evaluate Your Trademark Search Results
The website will spit out a bunch of results. Don’t panic! It’s just showing if there are any other names that might be similar to yours. For example, since we’re going with “Llama Drama,” there could be other names with “llama” or “drama” in them.
It’s important to search not only the exact name of your brand, but also similar names for similar types of goods or services. For example, you would also want to search for “llama” and “drama” by themselves. This is because there might be a confusingly similar name such as “drama bottle” that might result in your application being denied. An experienced trademark lawyer can conduct this search for you using best practice for search variations.
Step 5: Carefully Review Your Search Results
Click on those similar names to get the lowdown. You’ll see if they’re “live” trademarks, which means they’re actively being used. And don’t forget to see what they’re being used for. If “Drama Llama” is being used for something totally different, like a social media app, you’re probably good to go with your water bottles.
If you need help on your next trademark search to make sure that you don’t get sued for your next business or brand name, we’re here for you.
As an experienced trademark attorney for over 15 years, the founder of The Social Media Law Firm Ethan Wall can help you determine if your brand name is safe. He can also manage the trademark application process for you from start to finish so you can rest assured that your name will be safeguarded from competitors. Just give us a call or send us a message to get started.
