A startup I know spent $40,000 on branding -- logo, website, packaging, marketing materials -- before discovering that their name was trademarked by another company in the same industry. They had to rebrand from scratch. The trademark search that would have prevented this takes about 5 minutes.
What a trademark actually protects
A trademark protects words, phrases, symbols, or designs that identify the source of goods or services. It does not protect ideas, and it does not give you a universal monopoly on a word. Trademarks are specific to classes of goods/services.
"Apple" is trademarked for computers and electronics (class 9). A completely different company can trademark "Apple" for, say, automotive parts (class 12) because consumers would not confuse the two. This is why Apple Records (The Beatles' label) and Apple Inc. coexisted for decades, though they eventually litigated over digital music sales.
The US trademark system recognizes 45 classes. Your search needs to focus on the classes relevant to your business.
The likelihood of confusion standard
Trademark infringement is not about identical names. It is about "likelihood of confusion" -- whether consumers might confuse the source of the goods or services. Factors include:
- Similarity of the marks. Both sound and visual appearance. "Adidas" and "Adidaz" are confusingly similar.
- Similarity of the goods/services. Operating in the same or related markets increases confusion likelihood.
- Strength of the existing mark. Famous marks like "Nike" or "Google" get broader protection than obscure marks.
- Evidence of actual confusion. If consumers have actually been confused, that is strong evidence.
- Marketing channels. If both products are sold in the same stores or platforms, confusion is more likely.
A name that is phonetically similar, visually similar, or conceptually similar to an existing trademark in your industry is risky, even if it is not identical.
Where to search
USPTO TESS (Trademark Electronic Search System). The official US database. Free but clunky. Search by word mark, design mark, or registration number. This only covers US federal trademarks.
State trademark databases. Each state has its own trademark registry. A mark registered in California but not federally still has protection in California.
Common law trademarks. A business using a name commercially has common law trademark rights even without registration. These do not appear in any database. Google searches, domain lookups, and industry directories are the only way to find them.
International databases. WIPO's Global Brand Database, the EU's EUIPO, and individual country registries. If you plan to operate internationally, searching only the US database is insufficient.
What makes a strong trademark
From strongest to weakest:
- Fanciful. Invented words. "Xerox," "Kodak," "Exxon." Strongest protection because they have no meaning outside the brand.
- Arbitrary. Real words used in an unrelated context. "Apple" for computers. "Amazon" for an online store.
- Suggestive. Suggests a quality without directly describing it. "Netflix" suggests internet movies. "Greyhound" suggests speed for a bus line.
- Descriptive. Directly describes the product. "Best Buy," "General Motors." Weak protection unless they acquire "secondary meaning" through extensive use.
- Generic. The common name for the product. "Computer Store" for a computer store. Cannot be trademarked.
If you are naming a product, aim for fanciful or arbitrary. They are the easiest to protect and the hardest for competitors to challenge.
The tool
I built a trademark search tool at zovo.one/free-tools/trademark-search that searches across multiple databases and highlights potential conflicts by class. Enter your proposed name, select relevant classes, and see existing registrations that might conflict. It is a first-pass screening tool, not a substitute for a trademark attorney. But it catches the obvious conflicts before you invest in a name.
Five minutes of searching can save thousands of dollars in rebranding costs. Do it before you print business cards.
I'm Michael Lip. I build free developer tools at zovo.one. 500+ tools, all private, all free.
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