How to Check if a Name Is Trademarked (Before You Launch)

You have a name you love. The domain is available, the social handles are free, and the logo is half-done in Figma. Before you ship, there is one check most founders skip: is the name already trademarked?

Skipping it is how products end up renamed six months after launch — or flagged and removed from the App Store. The good news is that a basic trademark check is free and takes about 20 minutes. Here’s how to do it.

Step 1: Search the USPTO database

The USPTO trademark search (formerly TESS) covers every registered and pending trademark in the United States.

1. Search your exact name first.
2. Then search close variations — plurals, hyphenations, phonetic spellings (“Notifyr” vs “Notifier”).
3. Check the status of each result: LIVE marks are enforceable, DEAD marks usually are not.

A hit is not automatically a dealbreaker. What matters is the next step.

Step 2: Check the classes and the goods/services description

Trademarks are registered in one or more of 45 international classes. Software products usually fall under:

• Class 9 — downloadable software and mobile apps
• Class 42 — SaaS and hosted software services

If an identical name is registered for a restaurant chain (Class 43), you may still be fine. If it is registered in Class 9 or 42 for software that does something similar to yours, that is a genuine conflict — the legal test is whether customers are likely to confuse the two.

Step 3: Search beyond the USPTO

A federal registration is not the only source of trademark rights in the US. Common-law rights come from actual use, so also check:

• Google, the App Store, and Google Play for products already using the name
• State trademark databases if a competitor is local
• WIPO’s Global Brand Database and EUIPO if you sell internationally

What the results mean

• No hits anywhere: you’re in good shape today. Note the word today — new applications are filed every day.
• A LIVE mark in your classes: talk to a trademark attorney before launching. A rename now is far cheaper than one after you have users.
• A pending application: you may be able to file an opposition during its 30-day publication window — but only if you find out in time.

The part nobody tells you: one search is not enough

A trademark search is a snapshot. Someone can file for your product’s name a week after you check, and the USPTO will not notify you. You typically find out when a cease-and-desist arrives or an app-store takedown lands.

That is the gap Notimark closes: it monitors new trademark filings continuously and emails you the moment someone files for a name that matches your product, so you can object while the application is still pending — without paying for a trademark yourself.

FAQ

Is checking a trademark free? Yes. USPTO, WIPO, and EUIPO searches are all free public databases.

Do I need to trademark my name to be protected? No. Using the name in commerce gives you common-law rights, and monitoring filings lets you defend the name without registering it. Registration adds stronger, nationwide protection when you’re ready.

What happens if I use a trademarked name by accident? The owner can send a cease-and-desist, request an app-store takedown, or sue for infringement. App stores usually side with the registered owner, so your app can be removed or banned.