How to check if a brand name is taken or available

Knowing how to check if a brand name is taken (before you launch your new company), is crucial. As a business owner, you might assume the most important thing you can do to differentiate your brand is create the right logo, but picking the right name is even more essential.

A name that’s memorable, resonate, and descriptive enough to attract the right customers, employees, and investors will make or break your chances of growth.

That’s why my team at Fabrik invests so much time and effort into researching brand name options for each of the business entities we work with.

We don’t just suggest impactful, meaningful monikers, we do the due diligence required to ensure your company name will be unique to you. That means conducting searches for similar trademarks, and registered domains, before we present name options to each client.

Here, I’ll walk you through the process of researching brand name availability, and explain why it’s so important to conduct a thorough brand name search.

Why should you check brand name availability?

First, let’s look at why it’s so important to ensure other companies don’t have a similar name to yours. A trademark search ensures that you’re selecting memorable names that are truly unique to your brand, this ensures you can differentiate yourself from countless other companies.

Remember, a great name doesn’t just offer customers an insight into your brand values, personality, and purpose. It also distinguishes you from the competition.

As an example, take a look at this case study of our naming work with Clearlake. We chose a name that was evocative, engaging, and most importantly, distinct from anything else in the legal industry.

At the same time, conducting a business name search helps to protect you from issues with trademark law. Even if the name you pick isn’t exactly the same as the one used by another organization, you could still face fines and legal action if it’s considered “too similar.”

Ultimately, learning how to check if a brand name is taken protects you from:

Problems with trademark law

The law requires companies to choose a unique trade name for their business entity. This means you legally can’t pick a name that’s identical, or too like one that already exists.

Copyright infringement fines

Even if you successfully register a trademark considered too like an existing business name, you could be exposed to copyright infringement fines.

Most companies will take legal action if they think the name of your business infringes on their exclusive rights to use a certain moniker.

Issues with differentiation

No matter how good you think your unique names might be, they won’t drive sales and opportunities to your business if they’re too close to another trademark.

Choosing a name like another company’s title means you risk customers, employees, and investors confusing your brand for another organization.

How to check if a brand name is taken

Checking registries

Now you know why it’s important to research the perfect business name, let’s dive into the different ways you can check for trademarks. One of the easiest ways to examine the availability of a business name, is to check online registries.

Once a company trademarks their intellectual property (such as a name, or logo), it’s usually listed on a federal database wherever that company is located.

Most of these websites give you the option to conduct a free trademark availability search. All you need to do is visit a specific page and enter the business name you’re interested in.

Here’s a quick example of how it works on the US Patent and Trademark Office website (USPTO)…

If you’re based in the United States, there are plenty of other websites that can help you conduct a comprehensive search, such as the Trademark Electronic Search System (TESS), and the ICANN Domain Name Registration Data Lookup site.

If you’re located outside of the US, you can contact your local trademark office or county clerk’s office for insights into where you can find an existing LLC registry.

Here’s a list of registers around the world to help you.

Quick tip: Before you assume that an entity name is available because you can’t find it listed on a registry, it’s worth doing some additional searching.

First, remember it’s common for some businesses to use other names outside of their officially registered trademark name. It’s worth combining your search on a federal trademark database with other searches, to ensure you’re not missing anything.

Additionally, combining your registry search with additional search methods will ensure you don’t miss a trademark registration because a company isn’t located in your country.

How to check if a business name is available for free

Other methods

As mentioned above, while registry websites are a useful tool when you’re learning how to check if a brand name is taken, they’re not foolproof. There’s always a risk that you’ll miss existing trademarks if don’t examine Doing Business As (DBA) registrations.

Plus, in some regions, some companies can only register a trademark for their name if they’ve formed an LLC or limited partnership company. This means you could miss existing names used by another sole proprietorship, or various small businesses.

Fortunately, there are a few ways to conduct a more thorough search.

Conduct a brand name search with a search engine

This is one of the first things we do at Fabrik when examining business name availability. Searching for a name on Google, Yelp, or a dedicated business site like Crunchbase should instantly show you whether a moniker is available, or already in use.

Google is a great starting point, but I’d definitely recommend using some other search engines too, like Yelp. Using a range of search engines will ensure you get a comprehensive insight.

Use social media platforms

Another excellent way to search for brand name availability, is to take advantage of social media platforms. The first platform I’d recommend for most companies is LinkedIn, as it’s the go-to social network for businesses and professionals.

All you need to do is create an account, then click on the search button and type in your ideal name.

Obviously, there’s no guarantee that every company will have a robust online presence on every social media platform.  However, using these channels is a great way to expand your search.

Search for registered domains

If you’ve conducted a trademark search, used the search engines, and checked social media platforms to search for similar names, the next step is to search for domain availability.

Some new companies will purchase a domain name before they submit a trademark application. Using domain registrars is a good way to ensure you can see whether any companies with unregistered business names have already snapped up your ideal domain.

If a domain name is already taken, but not registered, I’d think twice about choosing a name that’s too similar. After all, the company that owns the domain could launch a website at any moment, making it harder for your brand identity to stand out.

What do after a brand name availability search

What you do after conducting your brand name search depends on what you discover.

If your business name is taken

If you find that your perfect name has already been taken, you might not be out of luck.

If your domain name is taken, but the moniker hasn’t been trademarked, you could contact the owner of the website to ask them whether they’d be willing to sell the name to you. You can find out who owns a website using a free tool like GoDaddy’s WHOIS Domain lookup.

If the name is trademarked, you can take a similar approach and ask for permission to use that company’s intellectual property. The chances are that they won’t give you that permission unless they’re not actively running their company anymore.

Should the company agree to sell you their name, then you’ll need to have the ownership of the trademark transferred to your new business via a relevant register. Just remember, purchasing trademark rights can be expensive, particularly if an existing business is well established.

Sometimes, there won’t be any way to get the name you want. This means you need to come up with a different name, to protect yourself from legal issues and differentiation problems. In that case, I’d recommend reaching out to a reputable naming company, like Fabrik.

A specialist will help you to choose your desired business name quickly, and use a range of methods to ensure your name is actually available.

If your perfect name is available

Alternatively, if you’ve searched everywhere for evidence that someone else is using your unique business name (or something similar), and haven’t found anything, I’d recommend securing your name as quickly as possible.

To secure your trademark, you’ll need to:

Double check for naming issues

Before you settle on your ideal name, make sure it’s suitable for your business. Ask how it will help you elevate brand recognition and show your customers what your business is about.

Look for any potential problems with translations of your name in other languages (if you’re planning on scaling globally). Additionally, ensure your name doesn’t use any offensive or sensitive words.

Apply for a trademark

In most countries, you’ll need to form a limited liability company or limited partnership to secure your company’s trademark. You can usually apply for a trademark on your country’s official government website.

You’ll need to complete and submit a trademark application form, and there may be fees to pay.

Remember your online presence

Once you’ve applied for a trademark, I’d recommend purchasing the domain name for your company’s website (ideally with the .com suffix) and creating social media accounts with your business name as the username.

This should help to ensure you have a consistent identity online.

Choosing the perfect business name

Learning how to check if a brand name is taken is crucial to ensure you can differentiate your brand from the competition and avoid legal trouble. Before you decide on your desired business name, make sure you conduct a thorough availability search.

Don’t run the risk of choosing an identical name to another company, even if that organization doesn’t appear to be “active” or operating in the same industry as yours.

If you’re struggling to find the perfect name for your new business, or the name you want isn’t available, reach out to Fabrik for naming support.

We can help you find the ideal name, based on your business type and target audience, and ensure you don’t waste your time on names too similar to the competition.

Fabrik: A branding agency for our times.