How to Check if a Business Name is Trademarked
Step-by-step guide to checking trademark availability in the UK and US. Protect your business name and avoid costly legal disputes.
Why Trademark Checks Are Non-Negotiable
Skipping a trademark check is one of the most expensive mistakes a new business can make. If another company owns the trademark for your chosen name in your industry, they can force you to rebrand — at your expense. This means new domains, new marketing materials, new signage, new social media handles, and the loss of any brand recognition you have built. A 30-minute trademark search can save you from this nightmare.
Step 1: Search the UK IPO Database
Start with the UK Intellectual Property Office trademark search at trademarks.ipo.gov.uk. Search for your exact name and close variations. Trademarks are registered in specific classes (categories of goods and services), so a name trademarked in Class 25 (clothing) might be available in Class 42 (software). However, well-known brand protection can extend across all classes.
Step 2: Search the USPTO (If Targeting the US)
If you plan to do business in the United States, search the USPTO database at tess2.uspto.gov. The US system has both registered trademarks and common law rights (rights established through use without formal registration). Search for your exact name, phonetic equivalents, and translated versions.
Step 3: Search Beyond Official Databases
Trademark databases only show registered marks. Unregistered businesses can still have rights to their names through common law. Search Companies House, Google, social media platforms, and domain registries for businesses using your chosen name. Even without a trademark, using a name in the same industry as an established business could lead to a passing-off claim.
Step 4: Register Your Own Trademark
Once you have confirmed availability, register your trademark as soon as possible. In the UK, a single-class application costs 170 pounds online. The process takes about 4 months if there are no objections. A registered trademark gives you exclusive rights for 10 years, renewable indefinitely.
Common Trademark Pitfalls
Avoid names that are purely descriptive of your product, as these are nearly impossible to trademark. Generic terms, surnames, and geographical locations face similar challenges. The strongest trademarks are invented words (Xerox), arbitrary words in unrelated contexts (Apple for computers), or suggestive marks that hint at a quality without describing it directly.
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