06/04/2026
Before you fall in love with a brand name, check whether you can actually use it.
Many business owners start with a quick search of the USPTO database. That is useful, but it is not the whole picture. Trademark risk is not limited to identical names. A problem can arise when another mark is similar in sound, appearance, meaning, or commercial impression, especially if the goods or services are related.
That means a name can be risky even if no one has the exact same name registered.
For example, a startup may clear a name informally, buy the domain, design the logo, print packaging, launch ads, and then receive an objection or demand letter from a company with a similar mark in a related market.
That is an expensive time to discover a problem.
A practical trademark review should consider:
• Similar spellings
• Similar sounds
• Related goods or services
• Industry channels
• Existing registrations
• Common law use
• Descriptiveness issues
• Future expansion plans
Takeaway: Do the trademark review before you invest in branding, packaging, websites, and launch materials.
A name is more valuable when it is both memorable and protectable.