“I Swear My Business Name is Original and Unique!” Is It Really?
Your brand name, logo, or slogan feels completely unique to you. But is it legally distinct enough to avoid trademark infringement?
What Counts as Infringement?
Trademark infringement occurs when a mark is so similar to another for identical or similar goods or services that it creates “likelihood of confusion.” This doesn’t mean identical—even similar-sounding or looking trademarks can be a problem if they exist in the same industry.
For example, “Starbocks” for coffee would likely infringe on “Starbucks” because of phonetic and industry similarities.
Similarly, “Canva” for online design software could be confused with “Canva” for art supplies since both businesses deal with the art industry, but neither would be confused with “Canva” for camping equipment.
How Do You Find Out if Your Name, Logo, or Other Trademark is Sufficiently Distinct?
A quick search on the internet is a great way to check for obvious problems, and it’s something you can do yourself. Search the name or slogan on Google and social media, and do a reverse image search on Google for a logo.
Doing this kind of simple search when you are considering several different names, slogans, or logos can keep you from having to spend money on a full search by a lawyer for each possibility. You can save that kind of search for ones that don’t get knocked out by this quick and simple kind of searching.
When you’ve settled on what seems to be a promising candidate, then you need to have a professional search done by an experienced trademark attorney.
They will search for things that sound similar, look similar, have a similar meaning, etc., as well as analyze the results based on their years of experience so they can advise you about potential problems.
They’ll also be able to advise you on other possible problems, like a name being too generic to be registered or have any meaningful rights.
Why Is a Professional Trademark Search Critical?
- USPTO Trademark Database (TESS) – Searching the USPTO database can reveal some registered marks, but it often doesn’t catch all of them. Also, learning to search the USPTO database thoroughly takes time because it’s not intuitive.
- Common Law Trademarks – Many businesses use trademarks without registering them, meaning Google and social media searches are essential. Trademark lawyers also know how to search online business registrations efficiently.
- Attorney Searches vs. DIY or LegalZoom – An IP attorney uses specialized tools and expertise to find potential conflicts that simple searches miss. Services like LegalZoom provide basic artificial intelligence checks but don’t provide the strategic legal analysis that can prevent expensive disputes or prevent a lack of vital registration coverage.
Even if you swear your name is original, failing to check properly could lead to a costly rebrand—or worse, an infringement lawsuit that could cost a bundle!
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