A promising name deserves a closer look.
An available domain or business name is only one piece of the picture. A clearance search considers similar marks, related goods and services, and use beyond the federal register. DBA helps you interpret what the findings mean for your business.
EXPLORE THE PROCESS
Where are you in the naming process?
Choose your starting point, then open each step for more detail.
I’m choosing a name
01BEFORE COMMITTINGDefine the brand
Bring a shortlist, the products or services you plan to offer, and your intended market. A word mark and a logo may call for separate analysis.
02SCREENCompare the candidates
Look for obvious issues before investing in a full launch. Screening helps prioritize names; it does not establish that a mark is available.
03INVESTIGATESearch beyond exact matches
Assess similar wording, sound, appearance, and related products or services. Federal records, state sources, and marketplace use can each matter.
04DECIDEReview the findings with counsel
Discuss the level of concern, possible changes, and whether to proceed. A search reduces uncertainty; it cannot eliminate every risk.
I already use the brand
01GATHERBuild the factual record
Collect first-use information, examples of how the mark appears, your registrations or applications, and any competitor concerns.
02REVIEWAssess the landscape
Review potentially conflicting rights and the relationship between the goods, services, and customers involved.
03PLANChoose a practical next step
Your plan may involve an application, further investigation, changes to the brand, or advice about a specific conflict.
Bring these to the conversation
- Proposed names and logo files
- A plain-English description of your goods or services
- Launch plans and any existing use
- Known competitors, similar names, or demand letters
Questions worth asking
Is a federal database search enough?
The USPTO recommends looking beyond federal applications and registrations, including state sources and common-law use. Earlier marketplace use can matter even without federal registration.
Does a clean search guarantee registration?
No. Search findings are part of the assessment. The USPTO independently examines applications, and other parties can assert rights.
What does DBA’s package include?
Our registration package includes a federal, state, and common-law search, an attorney opinion, and a consultation. Review the package scope and exclusions before engaging the firm.
What does a comprehensive trademark search include?
A clearance search goes beyond an exact-name search of federal registrations. It considers similar names and designs, related products or services, pending applications, and relevant marketplace use. State records, business-name records and online sources can reveal users who have not registered federally. The practical question is whether the proposed brand creates a material conflict before you invest in the launch.
Does forming an LLC or buying a domain protect my trademark?
No. Entity-name approval and domain registration do not decide whether your brand infringes someone else’s trademark. A name can be available with a state agency or registrar and still conflict with a mark used for related goods or services. Arrange clearance before committing to packaging, signage or a website launch.
Can a different spelling still cause a trademark conflict?
Yes. Marks need not be identical. Similarity in sound, appearance, meaning or overall commercial impression can matter, together with the relationship between the goods or services. Changing one letter or choosing a different class is not a reliable way to avoid a conflict.
What makes a business name easier to protect as a trademark?
Distinctive names generally provide a stronger starting point than wording that simply describes the product. Invented terms, ordinary words used in an unrelated way, and suggestive names can be stronger choices. Generic wording cannot identify a single source for the goods it names; descriptive wording may face registration and enforcement limits.
What does federal trademark registration add to common-law rights?
Use can create trademark rights without federal registration, but those rights may be limited by geography and the facts of use. Federal registration offers important nationwide benefits, including public notice and legal presumptions. It does not erase every earlier user’s rights or give ownership of a word for every industry.