How to Choose and Clear a Brand Name or Slogan Without Legal Headaches

Choosing the right brand name or slogan is one of your most crucial business decisions. It sets the foundation for your business and its identity. It can become a valuable asset—if it’s legally protected. However, too many companies make the mistake of picking a name without checking if someone else already owns it.

A trademark dispute can lead to wasted time and money in legal battles and rebranding —all avoidable with proper clearance. This guide walks you through the smart way to choose and clear a brand name or slogan, ensuring you don’t run into costly trademark issues down the line.

Step 1: Pick a Strong & Unique Brand Name

Not all names are created equal. In trademark law, some names are easier to protect than others.

What Makes a Strong Trademark?

Fanciful or Arbitrary Names (Best Choice)
- Fanciful: Made-up words (e.g., Kodak, Xerox).
- Arbitrary: Real words used in an unrelated way (e.g., Apple for computers).
- Why? They are highly distinctive and easy to protect.
Suggestive Names (Good Choice)
- Hints at what the business does without describing it outright (e.g., Netflix = “Internet + Flicks”).
- Why? It is easier to register than descriptive terms but still strong.
Descriptive Names (Risky)
- Directly describe what you do (e.g., “Fast Car Rentals”).
- Why? They are hard to register unless they gain secondary meaning over time. Many other will use a similar name, so hard to enforce.
Generic Names (Avoid)
- Common terms for the product itself (e.g., “Coffee Shop” for a coffee brand).
- Why? Cannot be trademarked—no one can own generic words.

💡 Pro Tip: Pick a name that’s unique, not trendy. It should resonate with your audience but also stand the test of time.

Step 2: Quick Checks – Is Your Name Already Taken?

Do basic searches to catch obvious conflicts before falling in love with a name.

✅ Check These First

Web Search (Google, Bing, etc.): Look for businesses, blogs, or influencers using the name.
Industry-Specific Search: Are there industry-specific listings, sites, or places to search for competitors? For example, alcohol brands should check the U.S. COLA (Certificate of Label Approval) system at TTB.
Social Media Search: Check Instagram, Facebook, Twitter (X), LinkedIn, and TikTok for existing brands or usernames.
Domain Availability: Search for .com domains on Namecheap, GoDaddy, or Google Domains. If the exact domain is taken, it might indicate a pre-existing brand.

💡 If the name is widely used, consider tweaking it or choosing another one. If it looks clear, move on to a deeper trademark search.

Step 3: Conduct a Comprehensive Trademark Search

Businesses may own trademark rights in common law even if they haven’t registered their name with the U.S. Patent and Trademark Office (USPTO). That’s why you must check registered and unregistered trademarks before using your name.

1. Check Common Law Trademarks

Unregistered trademarks can still have legal protection. Look for businesses using your name:

✔️ Business directories (Yellow Pages, Yelp, Crunchbase).

✔️ State trademark databases (Each U.S. state has its own).

✔️ Industry publications and trade registries.

✔️ WHOIS domain records (Who owns websites with your name?).

2. Search the USPTO Database

The USPTO’s TESS (Trademark Electronic Search System) is where you check federally registered trademarks.

Search for exact matches and similar variations (e.g., plural versions, different spellings, one word vs multiple words).
Pay attention to related industries—trademark conflicts don’t require identical products. A conflict can still arise if two businesses are in related fields (like clothing vs. accessories).

💡 Goods and services don’t need to be identical to create a trademark conflict! Under the DuPont factors, the USPTO looks at whether consumers could think the two brands are related. Over the years, this relatedness has expanded since so many businesses sell across a wide array of products or services.

3. International Trademark Search (If Expanding Globally)

If you plan to operate outside the U.S., check:

WIPO Global Brand Database (Covers international trademarks).
EUIPO & TMview (For European trademarks).
Country-specific databases (e.g., Canada, UK, etc.).

💡 If a company owns the trademark abroad, it may limit your ability to expand the brand internationally.

Step 4: Evaluate Risks & Make a Decision

Once you’ve done your searches, gather and analyze your findings:

🚀 If the name appears clear: Proceed with filing a trademark application to get protection before announcing your brand!

⚠️ If another is using a similar name:

Consider if modifications (e.g., adding a word, changing spelling) would be enough to get yuou areound that brand.
If a business uses a similar name but in a different industry, consider if that business might expand into your industry, the channels of trade, who are the consumers, and other Du Pont Factors.
For moderate conflicts, a coexistence agreement might work (both parties agree to use the names differently).

❌ If the name is taken in your industry: It’s best to pick another name before investing in branding.

Step 5: Secure & Protect Your Brand

If your name clears the search, protect it before anyone else can claim it.

1. Secure Your Online Presence

✔️ Buy the domain name immediately.

✔️ Reserve the social media handles on all major platforms.

2. File a Trademark Application

Intent-to-Use Application: If you’re not using the name yet, this reserves your rights.
Use-Based Application: If you’re already selling under this name, you can file immediately.
Multiple Classes: If your business spans different categories (e.g., software and apparel), file in multiple classes.

3. Monitor & Enforce Your Trademark

Once registered, watch for infringers:

✔️ Set Google Alerts for your trademark.

✔️ Use a trademark watch service to track new applications.

✔️ If someone else starts using your brand name, send a notice of prior rights or cease-and-desist letter (or consult an attorney).

💡 Trademarks need maintenance! File renewals at the 5-year, 10-year, and 10-year intervals to keep your rights.

Final Checklist: Have You Done Everything?

✅ Picked a unique, strong name.

✅ Checked Google, social media, and domain availability.

✅ Conducted a full trademark search (common law + USPTO + international).

✅ Evaluated risks (any similar names in your industry?).

✅ Secured your domain name + social media handles.

✅ File a trademark application to protect your brand.

If you’ve checked all these boxes, congratulations! You’re on your way to building a legally protected, recognizable brand that stands out in the market.

Want expert guidance on clearing and filing your trademark? Book a consultation today to secure your brand the right way.