The short answer: run your proposed name through the USPTO’s trademark database, then look past it at your state’s records and the open web. A trademark counts as available when no one else already has legal rights to a name, phrase, or logo that’s the same as, or close enough to, what you want to use. That last part trips people up constantly. “Close enough” doesn’t mean identical, it means likely to confuse a customer, and that’s a judgment call, not a simple yes-or-no lookup.
If you’re naming a business, a product line, or even a single app, checking availability early saves you from a rebrand later. Here’s how to actually check it, step by step.
Search the USPTO Database First
Head to USPTO Trademark Search, the federal database that replaced the older TESS system in late 2023. It holds every mark that’s ever been filed with the U.S. Patent and Trademark Office, whether it’s active, expired, or abandoned.
Type in your name and see what comes up. But don’t stop at an exact match:
- Try variations in spelling, spacing, and plurals.
- Say the name out loud and search words that sound the same.
- Use the design search if you’re checking a logo, not just a word mark.
A name that looks clear on the first search sometimes turns up conflicts once you widen the net a little.
Pay Attention to the Trademark Class
A mark being registered doesn’t automatically make your name unavailable. It depends on the class, which is the category of goods or services the trademark covers. The USPTO sorts everything into 45 international classes, from apparel to financial services to restaurant operations.
Two businesses can sometimes share the same name if they’re in completely different industries with no realistic overlap. A landscaping company called “Horizon” and a bank called “Horizon” might coexist without issue. A landscaping company and a lawn care service named “Horizon”? That’s a much closer call, and probably a conflict.
Check State and Common Law Rights Too
A federal database search covers a lot of ground, but not all of it. Trademark rights in the US also exist at the state level, and separately, a business can build what’s called common law trademark rights just by using a name in commerce, without ever filing paperwork.
To check for that, you’ll want to look at a few more places:
- Your state’s trademark database, usually run through the Secretary of State’s office.
- State and federal business entity registries, to see who’s already operating under that name.
- General web searches, social media handles, and domain name availability.
- Trade publications or directories if you’re entering a specialized industry.
Common law rights are often limited to a specific region, but that doesn’t make them harmless. They can still block you locally, and more than one business has learned that the hard way after a competitor with an unregistered but earlier claim pushed back.
Understand What Actually Makes a Name Unavailable
A name usually isn’t available if any of the following is true:
- An identical or highly similar mark is already registered in a related class.
- Someone else is already using it in commerce, even without registration.
- The name is merely descriptive of your product or service, which the USPTO often refuses to register.
- It’s confusingly similar in sound, meaning, or appearance to an existing mark, even with different spelling.
None of these are always disqualifying on their own. Context matters, and this is exactly where a lot of business owners underestimate how subjective the analysis can get.
When to Bring in a Professional
A self-guided search is a reasonable first move, but it has real limits. Trademark attorneys and clearance search firms use tools that dig deeper than the free public databases, flagging phonetic near-misses, foreign filings, and pending applications that haven’t hit the public record yet. Before you commit to a name for an entire company, or spend money on a national launch, that extra layer of scrutiny is usually worth it.
Once you’ve confirmed a name looks clear, the USPTO’s trademark basics page walks through what filing an application actually involves.
Comparing Ways to Check Trademark Availability
| Method | Cost | What It Covers | Best For |
| USPTO Trademark Search | Free | Federal applications and registrations | First-pass screening |
| State Trademark Records | Free | State-level registered marks | Businesses staying regional |
| Web and Domain Search | Free | Common law and unregistered use | Catching names in active use |
| Professional Clearance Search | Paid | Federal, state, common law, phonetic matches | National launches and higher-stakes names |
Frequently Asked Questions
How do I know for sure if a trademark is available?
No search gives you a 100 percent guarantee, since new applications get filed constantly and common law rights aren’t always easy to find. The most reliable answer comes from combining a USPTO search, a state and common law check, and, for anything important, a professional clearance search.
Is checking trademark availability free?
The basic version is, yes. The USPTO database, state trademark records, and general web searches don’t cost anything. A professional clearance search through an attorney or search firm typically comes with a fee, since it covers more ground.
What if my name is similar but not identical to an existing trademark?
It can still be a problem. Trademark conflicts are based on the likelihood of confusion, not exact matches, so a name that sounds alike, means the same thing, or looks similar in a logo can run into the same issues as an identical name.
Can I use a name if it’s not in the USPTO database?
Not automatically. It might still belong to someone else through state registration or common law use, even without a federal filing. That’s the main reason to check beyond the federal database before assuming a name is free to use.
How long does it take to check trademark availability?
A basic USPTO search can take 15 to 30 minutes for a straightforward name. Adding state and common law checks usually takes a few hours total. A professional clearance search generally takes a few business days to come back.
Checking availability isn’t a box you check once and forget. It’s worth doing every time you’re about to put a name on something public, whether that’s a company, a product, or a new service line. A little time spent now is almost always cheaper than the alternative, which is discovering the conflict after the name is already on your storefront.
This article is for general informational purposes only and isn’t legal advice. Trademark availability depends on the specific facts of each situation, so talk to a licensed trademark attorney before making a final decision.