NAMES AND CLASSES
What a name search can and can't tell you
A search of the federal trademark register shows applications and registrations, but it's information to review with an attorney, not a clearance.
The USPTO's public register lists federal trademark applications and registrations. A search can show live and dead records, the goods and services each one covers, and who owns it. A dead record is one that's no longer active.
It doesn't show businesses using a name without registering it, state filings, very recent filings or other countries, and a search by name can miss similar-sounding or differently spelled names, logos and designs.
So a search is information, not a clearance. Seeing nothing on the register doesn't mean nobody else uses the name. An attorney reviews the results, often with a wider search, before anyone relies on them.
Why this matters to your business
A name can be in use without being registered, so a quick search can miss the business that matters most. Finding a conflict before launch is usually far easier than changing names after it. Investors and buyers commonly ask whether a name was checked properly.
What an attorney will want to know
- The exact name, and any other spellings you've considered
- What you sell, and what you plan to sell
- Any similar names you've already come across
- Where you plan to sell, including other countries
Ask your attorney
What would a fuller search for my name include?
What do the records I found mean for my name?
General information, not legal advice. An attorney confirms how this applies to you.