Checking whether a brand name is taken requires searching several different places: the federal trademark database, your state’s business registry, domain registrars, and social media platforms. No single search covers everything, and a name can be “taken” in one context but available in another. Here’s how to run a thorough check across all of them.
Search the Federal Trademark Database
The USPTO Trademark Search system is the official database for all federally registered and pending trademarks in the United States. It’s free to use at uspto.gov. This is your most important search because a registered trademark can block you from using a similar name in the same industry, even if you’ve already started your business.
Start with an exact search. In the search tool, use the combined mark field tag by typing something like CM:"your brand name" to look for exact matches. Then broaden your search using wildcards to catch variations. For example, CM:/.*yourbrand.*/ will return results that include your name alongside other words or characters. This matters because a name doesn’t have to be identical to yours to cause a legal conflict.
When reviewing results, filter out dead trademarks. Only live applications and registrations can block yours, so uncheck the “dead” checkbox under the status filter. A dead trademark means the registration was abandoned or cancelled, and it generally won’t prevent you from using that name. If you find a live trademark that looks similar, click through to the Trademark Status and Document Retrieval (TSDR) tool to see the full details, including what goods or services the mark covers.
One important point: don’t narrow your search by goods and services too early. The USPTO specifically warns that over-filtering can cause you to miss a conflicting mark. Start broad, review what comes up, then narrow only if your results are unmanageable.
What Counts as “Too Similar”
Two brand names don’t need to be identical to create a legal problem. The USPTO evaluates something called “likelihood of confusion,” which is the most common reason trademark applications get rejected. It comes down to two factors: how similar the names are and how related the goods or services are.
Similarity covers sound, appearance, and meaning. Two names spelled differently but pronounced the same way can be confusingly similar. So can two names that look alike visually or create the same overall impression, even if one is a logo and the other is plain text. If your proposed name sounds like, looks like, or means roughly the same thing as an existing trademark, that’s a red flag.
The second factor is whether consumers might reasonably think the two brands are connected. Goods and services are considered related if they’re similar, used together, sold by the same type of company, found in the same section of a store, or commonly advertised alongside each other. A useful test: if a customer saw both brands, would they assume the same company was behind them? If yes, there’s likely a conflict, even if the names aren’t a perfect match.
Check Your State’s Business Registry
Every state maintains a registry of LLCs, corporations, and other business entities through its Secretary of State office (or equivalent agency). These databases are separate from federal trademarks. A name can be available as a trademark but already registered as a business name in your state, or vice versa.
Visit your state’s Secretary of State website and look for the business entity search tool. Type in your proposed name and review any matches. Most states require that new business names be distinguishable from existing ones on the registry, so even close variations may get rejected when you try to file. This search is especially important if you plan to form an LLC or corporation, because the state will deny your formation documents if the name is already taken or too similar to an existing filing.
Keep in mind that state business registrations only cover entities formed or authorized in that particular state. If you plan to operate in multiple states, search each one. And a state business registration alone doesn’t give you trademark rights, so don’t skip the USPTO search even if your state’s registry shows the name is clear.
Search for Domain Name Availability
Even if your brand name clears trademark and state searches, you’ll likely want a matching domain name. Go to any major domain registrar and type in your name to see if the .com (and any other extensions you want) is available. If the .com is taken, check whether it’s actively being used by another business or just parked by a domain reseller. A parked domain might be available for purchase, though the price can be steep.
Beyond availability, consider whether a similar domain could cause customer confusion. If “yourbrand.com” belongs to a company in a related industry, that’s worth factoring into your naming decision even if there’s no trademark conflict.
Check Social Media Handles
Consistent branding across social platforms matters, so check whether your name is available as a username on the channels you plan to use. You can do this manually on each platform, or use a bulk-checking tool like Namechk, which tests your name across 100+ social media sites and 36 domain extensions at once. Available names show up in green, and taken names appear dimmed. It’s free and doesn’t require an account.
Namechk covers major platforms including Facebook, YouTube, TikTok, Twitch, Tumblr, and many others. Even if you don’t plan to use every platform right away, it’s worth checking so you can register the handles early and prevent someone else from claiming them later.
Search for Unregistered Use
Not every brand name shows up in an official database. Businesses can establish what are called “common law” trademark rights simply by using a name in commerce, even without registering it anywhere. These unregistered names won’t appear in the USPTO system or state registries, but they can still create legal headaches if someone has been using the name before you.
To find unregistered use, run a plain Google search for your proposed name. Look through the first several pages of results for businesses, products, or services using the same or a very similar name. Search Google Maps and business directories like Yelp as well. Check industry-specific directories relevant to your field. If you find a business already operating under your proposed name in a related industry, they may have common law rights that could lead to a dispute, even though they never filed a trademark application.
Putting It All Together
A thorough brand name check follows this sequence: search the USPTO trademark database first (it carries the most legal weight), then your state’s business entity registry, then domains and social handles, and finally do a broad internet search for unregistered use. If your name clears all four, you’re in a strong position to move forward. If it hits a snag at any stage, especially the trademark search, it’s far cheaper to pick a new name now than to rebrand later after a legal challenge.
For names you’re serious about, consider filing a federal trademark application after your search comes back clean. Registration gives you nationwide protection and makes it much easier to enforce your rights if someone else tries to use your name down the road.