Before you invest in a name, logo or slogan, it’s essential to know how to find out if something is trademarked. Conducting a thorough trademark check helps you avoid costly rebrands, infringement claims and wasted marketing spend.
Below are four proven methods to check and confirm whether your proposed mark is already in use.
Why Should You Check If Something Is Trademarked?
A proper trademark search is your first line of defense against legal and commercial risks:
- Avoid infringement lawsuits. Discovering a conflicting mark early can save you tens of thousands in damages, legal fees and lost profits.
- Prevent rebranding headaches. If you pick a name already in use, you may be forced to change your signage, packaging, website and marketing at great expense.
- Streamline registration. Identifying similar marks beforehand boosts your odds of a smooth registration and reduces the chance of an examiner’s refusal.
- Guard consumer trust. Prevent confusion in the marketplace by ensuring customers aren’t misled into thinking your brand is another company’s.
How Can You Check If a Name Is Trademarked?
1. Search National Trademark Offices
Most countries provide free online searches (often called “eSearch” or “TMView”) where you can see live registration and application data. Here three examples:
- United States: USPTO’s TESS
- European Union: EUIPO’s eSearch Plus
- Australia: IP Australia’s ATMOSS
Enter your exact name or variations to check if a name is trademarked and note any live or pending filings.
2. Check Local & Common-Law Uses
Not every trademark is federally registered. Many businesses rely on local or unregistered (“common-law”) rights:
- State/provincial databases: Some jurisdictions list business names and unregistered marks.
- Corporate registries & trade directories: A trade-name check may reveal local users.
- Domain & social-media scans: Active usage online can indicate unregistered claims.
These steps show how to check trademarks beyond national filings.
3. Consult International & Design Databases
For a global perspective or stylized marks:
- WIPO Global Brand Database: Covers Madrid System applications.
- TMClass / TMview: EU-driven tools that span multiple national offices.
- Design search codes: Look up shape, logo and 3D-mark classifications.
This answers “how to find out if something is trademarked” across borders and formats.
4. Professional Trademark Search Services
Design and phonetic variations often slip through free searches. For business-critical decisions, professional trademark search services provide comprehensive analysis.
A full clearance search will:
- Uncover phonetic, figurative and stylized matches
- Flag marks in related goods/services classes
- Provide expert analysis of confusion risks
When to Use Professional Services:
- High-value brand investments
- International market expansion
- Complex or unique business names
- Industries with heavy trademark activity
- When initial searches reveal potential conflicts
If you’re serious about avoiding infringement, professional help is the safest route.
Remember: Trademark searching is both an art and a science. While basic searches can identify obvious conflicts, complex situations often require professional expertise to properly assess risks and opportunities. The investment in proper trademark clearance far outweighs the cost of trademark disputes and forced rebranding later.
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