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Checking a Name
Start with a practical search, then explore the questions raised by similar names and trademark records.
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How to Check Whether a Business Name Is Trademarked
Work through federal records, similar names, and marketplace uses.
More guides in this topic
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Can You Trademark Your Last Name?
A last name can become a trademark, but federal registration may require acquired distinctiveness or a different registration strategy. Learn how the USPTO evaluates surname…
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Can You Trademark a Descriptive Business Name?
A descriptive business name may qualify for federal registration after acquiring distinctiveness or, in some cases, on the Supplemental Register. Learn the limits and practical…
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Does Owning a Domain Name Give You Trademark Rights?
Separate the purchase of a website address from the use and protection of a brand. Check existing rights before building your business around a domain.
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Does Changing a Name’s Spelling Avoid Trademark Problems?
A different spelling can still create a confusingly similar trademark. Evaluate the overall name and your offering before investing in a variation.
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What Are Common Law Trademark Rights?
Trademark rights can arise without registration. Understand their geographic limits, the importance of priority, and how to document your use.
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Can I Register a Dead Trademark?
A dead federal application or registration may leave important questions unanswered. Investigate ongoing use, previous refusals, other records, and restoration possibilities.
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Can Two Businesses Have the Same Name in Different Classes?
Two businesses may share a name, but different class numbers do not resolve the question. Compare the actual offerings, the marks, and the relevant evidence.
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Can I Use a Business Name Someone Else Has Trademarked?
Assess a proposed business name by the existing mark, the offerings, and the relevant rights. Learn why registration, geography, and permission require separate review.