How do I find out if a possible business name or slogan is already trademarked?

Question

I am beginning a website to be the base for a health and fitness company. I have certifications as a personal trainer and nutritionist, and have worked as a public speaker and instructor. I thought a website would be a good venue to combine these skills. I recieved the website name that I wanted and assumed that I could not get that name if it were already trademarked. A friend of mine says that I am mistaken. Before I sink a lot of cash into promotion and other things, I would like to know that I won't be sued a year or two down the road.

Answer 1

Obtaining the domain simply means that the EXACT domain name is available; it does NOT mean that there is a prior trademark or first use issue with the name in your industry.

To register a trademark, contact either your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Prior to investing your time, money & effort into a name, it is strongly advised that comprehensive research be conducted to ensure that the name you're interested in is truly available.

This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.

I listed some links where you can do some preliminary name checking. However, please be aware that this is merely scratching the surface of what's out there. Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so I'd try them out first.

There are other sites that offer free searching capabilities in conjunction with their commercial services, so I'm not able to post those links due to the Yahoo! TOS. You'll also want to check domain names & yellow pages, so simply do a search for "free domain name search" and "national yellowpages" and the appropriate links will pop up.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

You need to check out trade names with the Secretary of State in your state. Some states also have a corporation commission that deals with your issue, you might want to ask someone in the Sec. of States office about this when you call. When you pick a name it is wise for you to register it with the same office to protect it from being taken.

Answer 3

Search the trademark database at the USPTO:

http://tess2.uspto.gov/bin/gate.exe?f=tess&state=8qaqg8.1.1