Brand Name Legal Checklist: Protect Your Name Before You Launch

Choosing a brand name is a creative exercise. Protecting it is a legal one. Before you print business cards or build a website, work through this legal checklist to ensure your name is defensible and protected.

Pre-Launch Legal Checklist

1. Trademark Search

• [ ] Search the USPTO database (tess2.uspto.gov) for identical and similar marks
• [ ] Search EUIPO if operating in Europe
• [ ] Search WIPO Global Brand Database for international conflicts
• [ ] Search state trademark databases
• [ ] Consider hiring a trademark attorney for a comprehensive search

2. Business Name Registration

• [ ] Search your state's secretary of state database
• [ ] Check county DBA (Doing Business As) filings
• [ ] Register your business name with appropriate authorities
• [ ] File a DBA if operating under a name different from your legal entity

3. Domain Name Clearance

• [ ] Verify the domain isn't being used by a similar business
• [ ] Check WHOIS for the domain owner's identity
• [ ] Ensure you're not infringing on a trademarked domain

4. Social Media Clearance

• [ ] Verify your chosen handles aren't being used by similar businesses
• [ ] Document the current state of each handle (available, inactive, active competitor)

Trademark Registration Process

When to File

File your trademark application as soon as you're committed to the name. You can file based on "intent to use" before actually launching.

What to File

• Wordmark: Protects the name itself regardless of design
• Design mark: Protects a specific logo or stylized version
• File the wordmark first — it provides broader protection

Trademark Classes

Choose the appropriate Nice Classification classes for your goods/services. Filing in the wrong class leaves gaps in protection.

Timeline and Cost

• USPTO filing fee: $250-350 per class
• Review period: 3-6 months
• Total registration time: 8-12 months (if no opposition)
• Attorney fees (recommended): $500-2,000+

Common Legal Pitfalls

Similarity, Not Just Identical

Trademarks protect against confusingly similar names, not just exact copies. "Googel" would infringe on Google. Consider phonetic similarity, visual similarity, and meaning similarity.

Industry Overlap Matters

Identical names can coexist in different industries (Delta Airlines vs Delta Faucets). But if there's any audience overlap, conflicts arise.

Geographic Limitations

An unregistered trademark may only be protected in the geographic area where it's used. Federal trademark registration extends protection nationwide.

First to Use vs First to File

In the US, trademark rights come from use in commerce, not just registration. But registration provides significant legal advantages.

Ongoing Legal Protection

• [ ] Monitor for new trademark filings that conflict with yours
• [ ] Set up Google Alerts for your brand name
• [ ] Monitor domain registrations similar to yours
• [ ] Enforce your trademark when infringement occurs (failure to enforce can weaken your mark)
• [ ] Renew your trademark registration (between 5th and 6th year, then every 10 years)

International Considerations

If you plan to operate internationally:

• File trademark applications in target countries (trademarks are territorial)
• Consider the Madrid Protocol for multi-country filing
• Research your name's meaning in local languages

Verify Availability First

Before spending on legal protection, verify your name is available across the digital landscape.

Use BrandScout to check your brand name across domains and social platforms. Confirm digital availability, then invest in legal protection for a name you know you can use.