Disclaimer: This article is for informational purposes only and does not constitute legal advice. For serious business naming decisions, consult a qualified trademark attorney in your jurisdiction.
One of the most common and costly mistakes new businesses make is selecting a name without checking whether it infringes on an existing trademark. Here's what you need to know before you commit to a name.
What Is a Trademark?
A trademark is a sign (including a word, logo, phrase, or combination) that identifies goods or services from a particular business and distinguishes them from others. In most countries, trademark rights are granted to whoever registers first — not whoever uses the name first (though there are some exceptions for established common-law rights).
How to Do a Basic Trademark Search
Before spending a penny on branding, packaging, or a domain, do a preliminary trademark search:
- USA: Search the USPTO database at tess2.uspto.gov
- UK: Search on the Intellectual Property Office website at ipo.gov.uk
- EU: Search via the EUIPO database at euipo.europa.eu
- India: Search via the IP India portal at ipindia.gov.in
- Global: Use the WIPO Global Brand Database at branddb.wipo.int
Search for your exact name AND similar-sounding names. Trademark law covers names that are confusingly similar, not just identical.
Important Nuances to Understand
Trademark classes matter. Trademarks are registered in specific categories (classes) of goods and services. A "Nova" trademark in Class 25 (clothing) doesn't necessarily prevent you from registering "Nova" in Class 41 (education). However, for well-known marks, the protection can be broader.
Geographic scope matters. A UK trademark doesn't protect you in the USA. If you plan to operate internationally, you may need international trademark protection.
Using a name without registering it. In some countries (especially the USA), using a name in commerce gives you some common-law rights even without registration. But registered trademarks have significantly stronger legal protection.
What Happens If You Infringe a Trademark?
In the best case, you receive a cease-and-desist letter and must stop using the name — losing all the branding investment you've made. In the worst case, you face a lawsuit with significant damages. This is why checking before you invest in branding is essential, not optional.