How to check if a brand name is taken
The trick is to run the checks in the order that kills bad names fastest. A name that fails the trademark search isn't worth a domain, and a name nobody can spell isn't worth a trademark search. Here's the order, with a rule for when to drop a name at each step.
Step 0: Write down three to five names
Checking one name at a time is how people fall in love with a name that fails step 2. Start with a shortlist and run every name through every step.
Step 1: Say it, spell it (two minutes)
Say each name to someone and ask them to type it. If they type it differently, you'll lose visitors and email to the wrong spelling. Drop names that need explaining ("it's 'four,' the number"). Our score runs a rough version of this, but a real person beats a letter rule.
Step 2: Trademark search (ten minutes)
Search each name in the free USPTO Trademark Search. Try the exact name, then alternate spellings and the main word on its own. The USPTO's test is whether marks are "similar in sound, appearance, or meaning" and whether the goods or services are related (USPTO).
Drop the name if: a live mark that looks or sounds like yours covers the same kind of product or service. Ask an attorney if: you find similar marks in nearby fields and can't tell whether they're related. This step is a first look, not a legal opinion.
Step 3: Domain and handles (one minute)
Run the name through the checker. It checks .com and other endings through the registries' own lookups and the platforms with official APIs, and gives you links for Instagram, TikTok, X and the rest.
Drop or adjust the name if: the .com is registered to an active business in your field, or your two most important platforms are both taken. If the .com is parked or unused, you can ask its owner to sell, but budget for it and don't count on it.
Step 4: State business records (five minutes)
If you'll form an LLC or corporation, search your Secretary of State's business entity records. The SBA says "most states don't allow you to register a name that's already been registered by someone else" (SBA). More on this step in the business name checklist.
Step 5: A plain web search
Search the name in quotes. You're looking for a business in your field that never filed a trademark. Unregistered marks can still have rights: the USPTO explains that "common law" rights "are based on use of the trademark in commerce within a particular geographic area" (USPTO). An attorney's clearance search looks for these; a do-it-yourself search can miss them.
Worksheet: compare your shortlist
| Check | Pass looks like | Drop looks like |
|---|---|---|
| Say and spell | Others type it right first time | Needs spelling out |
| USPTO search | No similar live marks in your field | Similar live mark, same kind of goods or services |
| .com | No record at the registry | Active business in your field uses it |
| Key handles | Free on the two platforms you'll use most | Taken on both |
| State records | No matching entity | An entity with the same or near-same name |
| Web search | No one in your field uses it | An established business in your field uses it |
Step 6: Claim everything the same day
Availability changes. Once a name passes, register the domain, claim the handles and, if you're forming a company, file. Then ask a trademark attorney about filing the mark.