How to Check If a Name Is Trademarked

You can run a useful first-pass trademark check yourself in about 15 minutes, free, using the official databases. This guide shows the exact steps. It is a pre-screen, not legal advice — but it catches the obvious collisions that cause most rebrands.

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Before you search: know what you are looking for

Your exact name — and close variants (plural, one letter changed, one word added or dropped).
Your category — trademarks live in classes (Nice Classes). Example: software = Class 9 + 42, clothing = Class 25, cosmetics = Class 3, restaurant services = Class 43.
Confusing similarity, not just identity — “Nikea” is not “Nike,” but a customer could still confuse them. That is what the law cares about.

Step 1 — Run a quick pre-screen (2 minutes)

Type your name + category into the NameCheck homepage. It flags exact matches vs well-known marks, containment, near-misses, and generic / descriptive red flags. If it flags medium or high risk, do not skip the official searches below — they are where you confirm.

Step 2 — Search USPTO (US, 5 minutes)

Open USPTO Trademark Search.
Search your exact name. Note any live marks in your classes.
Search each close variant separately (plural, one-letter change, word added/dropped).
For each hit, check: mark text, owner, classes, and status (live / dead / pending). A dead mark is weaker evidence than a live one, but do not treat it as a green light on its own.

Step 3 — Search WIPO Global Brand Database (worldwide, 5 minutes)

Open WIPO Global Brand Database.
Repeat the exact + variant searches. WIPO covers many national registries in one place, so it catches marks USPTO alone may miss.
Filter by your classes. A mark in an unrelated class (say, industrial chemicals vs your coffee shop) is less likely to block you than one in your class — but famous marks can reach across classes.

Step 4 — Search EUIPO (EU) and CNIPA (China) if relevant (3 minutes)

EU: EUIPO eSearch — check if you sell, ship, or advertise in the EU.
China: CNIPA (China) — check if you source, manufacture, or sell in China.
Search exact + variants in each. Use the same class filter as above.

Step 5 — Read the result honestly

Exact live mark in your class: pick another name. Do not try a spelling trick around it.
Near match in your class: treat it as a red light unless a trademark attorney tells you otherwise. Confusing similarity is the test, not exact identity.
Mark in an unrelated class, not famous: lower risk, but not zero. Famous marks (Apple, Nike, Disney) are protected more broadly.
No hits anywhere: good sign — it means “no obvious collision,” not “safe to file.” A full clearance search by an attorney is still the final word before a big investment.

Honest limit: database searches show registered and pending marks. They do not show unregistered common-law use (a local shop using the same name without filing). A clean database result + a quick web search for “[your name] + [your category]” is a stronger check than either alone.

FAQ

Do I need a lawyer for a first check?

No — the steps above are a solid first pass anyone can do. Hire a trademark attorney before you file, or before you spend serious money on packaging, signage, or inventory under the name.

What if the .com is free but a trademark exists?

Do not use the name. Domain availability and trademark rights are independent systems. A free .com does not override a trademark. See Check Domain Availability for the “available vs registerable vs safe to use” distinction.

How long does a trademark check take?

About 15 minutes for the official-database pass above, plus 30 seconds for the NameCheck pre-screen. A full attorney clearance search takes days and costs real money — which is exactly why the free first pass exists.

What if I already launched under a flagged name?

Talk to a trademark attorney before you keep investing. Rebranding early is far cheaper than rebranding after packaging, handles, and customers pile up.

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