How to Check if a Name Is Trademarked: A Complete Guide with Voommax

Before you commit to a business name, product name, or brand identity, it’s essential to ensure that it’s not already trademarked. Using a name that’s already protected can lead to legal trouble, expensive rebranding, and potential lawsuits. This is where a trademark search becomes critical. But how do you actually check if a name is trademarked in the United States?

This comprehensive guide walks you through the step-by-step process of checking trademark status, the tools you can use, and how Voommax makes the process faster, easier, and more reliable.

Why You Should Check If a Name Is Trademarked

Checking trademark status is a fundamental step for:

• Avoiding legal disputes: Infringing on an existing trademark can lead to cease-and-desist letters, lawsuits, and costly settlements.

• Preventing application rejection: If the USPTO (United States Patent and Trademark Office) finds your chosen name is already registered or too similar to another mark, your trademark application will likely be denied.

• Building a unique brand: Ensuring your name is original enhances your credibility and helps avoid market confusion.

Steps to Check If a Name Is Trademarked in the USA

1. Start with a Basic Google Search

This may sound simple, but it’s the best place to begin. A quick Google search can show if a business is already using the name commercially. Look for:

• Business directories

• Websites

• Social media profiles

• Press releases

If the name is in use, dig deeper to see if it has been trademarked.

2. Use the USPTO’s TESS Database

The Trademark Electronic Search System (TESS) is the official search tool provided by the USPTO. Follow these steps:

• Visit the TESS search page

• Choose the Basic Word Mark Search for beginners

• Enter the name you want to check

• Review the results for any active or inactive trademarks

• Click on each result to see detailed information

Look closely at:

• Live vs. Dead marks

• Similar sounding/spelled marks

• Industry classification (you may be fine if the mark exists in a different category)

3. Check State Trademark Databases

In addition to federal trademarks, businesses can register at the state level. Visit your Secretary of State’s website and search their business or trademark registry.

If you’re operating in Texas, check the Texas Secretary of State’s database to identify state-registered trademarks.

4. Search for Common Law Trademarks

Some businesses use names commercially without formally registering them. These are known as common law trademarks. You can uncover them by:

• Browsing business directories (Yelp, Yellow Pages, etc.)

• Domain searches (GoDaddy, Namecheap)

• Social media platforms

• Local business filings

These marks still hold legal power in the regions they operate in.

5. Review Trademark Details Carefully

Once you find a potential match, examine these elements:

• Mark status: Is it active (live) or expired (dead)?

• Filing date and registration number

• Class of goods/services

• Owner details

This will help determine whether your intended use would infringe on an existing trademark.

Why Voommax for Trademark Search?

While the tools mentioned above are freely accessible, they can be time-consuming, confusing, and prone to mistakes—especially for first-time entrepreneurs. That’s where Voommax comes in.

Here’s how Voommax helps with trademark searches:

Comprehensive Search Coverage

We go beyond USPTO data. Our searches include:

• Federal trademark databases

• State-level records

• Common law trademarks

• Domain and business name checks

Risk Analysis

We don't just give you data—we explain it. Our team analyzes the similarity of existing trademarks and advises you on your risk level.

Professional Guidance

With Voommax, you don’t need to guess. We guide you through the trademark process with clarity, so you can move forward confidently.

Faster Processing

Our experts handle everything efficiently and accurately, helping you avoid delays or costly mistakes in your trademark application.

Affordable & Transparent Pricing

Trademark search and registration shouldn’t cost a fortune. Our affordable packages are ideal for startups, freelancers, and small businesses.

Conclusion

Choosing a name for your brand or business is exciting, but it comes with responsibility. Knowing how to check if a name is trademarked protects you from legal risks and sets your brand on a strong legal foundation. Whether exploring a business name, launching a product, or developing a new service, a professional trademark search is a smart move.

Don’t leave your brand’s future to chance. Let Voommax help you navigate the trademark process with confidence and care. With our expert trademark search and trademark registration services, you can build your brand on solid ground from day one.