Brand
How to name a business, and check the name is free to use
Published by Zubair Afzal, responsible editor
First published Updated 6 min read
Before you commit
Why the checks come before the logo, not after
Naming a business starts with a shortlist and ends with three checks. Most naming advice covers the shortlist: brainstorming, word association, saying names out loud. That is not where naming projects go wrong.
They go wrong at the checking stage, which happens after everyone has picked a favourite. A logo gets designed, a sign gets ordered, and then a trademark search finds a registered business with the same name in the same trade.
So run the checks before anyone gets attached to a name, in this order: the trademark register, the domain, and the social handles. Each catches a different kind of conflict.
You don’t need a lawyer to start. The registers below are free and public. A lawyer earns their fee reviewing the shortlist that survives your own search.
The checklist
Five steps to check a business name before you commit to it
Run these in order. Each step can drop a name from the shortlist, which is the point.
Shortlist five to ten names, not one
Every step below removes names from the list, and a shortlist of one gives you nowhere to go when it fails a check.
You get: A shortlist of five to ten candidate names
Search the trademark register for every country you will trade in
In the US, search the USPTO trademark database. In Canada, search the Canadian Trademarks Database. In the UK, use the GOV.UK trade mark search. Search the exact name and close variants in spelling and sound, in the trade classes closest to your business.
You get: A list of names with no conflicting registered mark in your trade
Check the domain for names that survive the trademark search
Use a domain registrar or a WHOIS lookup such as ICANN Lookup to see who owns the domain. A registered domain with no live site can sometimes be bought; one in active use by a competitor usually means moving to the next name.
You get: Confirmation of domain availability, or a realistic view of buying it
Search the name on the social platforms you will use
Search the exact name on each platform, even ones you are not planning to post on yet. A taken handle is a smaller problem than a taken trademark, but still worth solving before launch.
You get: A confirmed or adjusted handle for each platform
Say it out loud, and get someone outside the project to say it back
Read the name aloud, spell it without seeing it written, and have someone unconnected to the business do the same over the phone. Names that look fine in a document sometimes fall apart when said to a stranger.
You get: A final name with no obvious spelling or pronunciation problem
What goes wrong
Naming mistakes that show up months after launch
These rarely surface on day one. They show up when a supplier searches the trademark register during onboarding, or a bigger competitor notices the overlap and sends a letter.
- Checking only the country you started in. A name clear in the UK can still be blocked in the US, and trademark rights do not cross borders on their own.
- Searching the exact spelling only. Trademark conflicts are usually decided on how a name sounds or looks, not on an exact character match.
- Treating a clean Companies House or business registry search as a trademark check. Registering a company name does not clear it against the trademark register.
- Picking a name that describes the product too literally. A generic descriptive name is harder to register and easier for a competitor to argue is not distinctive enough to protect.
- Settling for a misspelling or an extra word to make the domain work. Customers forget the extra word and type the version that belongs to someone else.
- Skipping the social handle check because there is no social media plan yet. A customer searching your name today will still find whoever holds the handle.
Where to search, and what each search tells you
Each register answers a different question. None of them answers all three.
| Dimension | Where to search | What it tells you |
|---|---|---|
| USPTO trademark database (US) | Search public trademark filings across the US. | Whether a registered or pending mark already covers a similar name in your trade class. |
| Canadian Trademarks Database (CIPO) | Search public trademark filings in Canada. | The same question, for Canada, if you plan to trade there. |
| GOV.UK trade mark search (UKIPO) | Search by name, owner, keyword or image against the UK register. | Whether the name is registered, or close to something that is, in the UK. |
| ICANN Lookup / a domain registrar | Look up who currently owns a domain. | Whether the domain is free, held and unused, or held and active. |
What good practice looks like
What a naming check can do, and where it needs a lawyer
Good practice
- Run public register, domain and social handle searches across every name on a shortlist.
- Flag names with an obvious conflict before any design work starts.
- Recommend a trademark attorney review the final shortlist before launch, for any name the business depends on.
- Check that a name reads and says consistently once it appears on a website, a listing and a social profile.
Avoid
- Give a legal opinion on whether a name is safe to register or use.
- Guarantee that a name clearing a public register search carries no trademark risk.
- File a trademark application on a client's behalf. That is a job for a trademark attorney.
- Promise a shortened timeline for the registers themselves. Search and examination speed is set by each office, not by us.
Questions
Common questions about checking a business name
Where do I search for an existing trademark?
In the register of every country you plan to trade in: the USPTO trademark database in the US, the Canadian Trademarks Database run by the Canadian Intellectual Property Office, and the trade mark search on GOV.UK.
Search the exact name and close variants. Trademark conflicts are usually decided on how similar two names sound or look, not on an exact character match.
Does a clean trademark search mean the name is safe to use?
No. A search tells you what is on the register today, not about pending applications that have not appeared yet, unregistered rights built up through use, or how a court would judge similarity in your trade.
Treat it as the first filter. If the name matters to the business, a trademark attorney reviewing the shortlist before launch is worth the fee.
Should I check the domain before or after the trademark?
Check the trademark first. A clean domain search is worthless if the name already belongs to someone else in your trade.
Once a name clears the trademark search, check the domain straight away, because a name that clears the register can still be taken as a domain.
What if the .com is taken but the name is otherwise free?
Decide before you fall for the name. Some businesses use a different domain ending, or a name plus a word, and it works fine. Others find that customers keep typing the .com by habit and land on someone else.
There is no single right answer, but the wrong time to decide is after the logo is designed and the shortlist has narrowed to one name.
Do I need to check social media handles too?
Yes, even if you have no plan to post there yet. Search the exact name on the platforms your customers use. A taken handle usually means adding a word or your location.
A customer who searches your business name on a platform you are not using will still find whoever holds that handle, which is worth knowing before launch.
References
Sources for how to name a business
The official documents and research this page is based on. Platform rules change, so check the source before you act on a detail.
Related
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