What is a Brand Name Search?
A brand name search is a recommended activity for companies to protect their brand’s unique goods or services. It involves conducting a search for any company, product, or service that is already being used and/or is trademarked.
This is a search that companies should conduct prior to registering their brand elements so that they don’t accidentally violate anyone else’s rights.
Read the rest of this article to explore key aspects of brand name searches, such as why they’re important, how to conduct them, and how a lawyer can help you navigate the brand name search process.
Why are Brand Name Searches Important?
There are various reasons why conducting a brand name search is important.
- It prevents legal problems. If you accidentally use a name that’s already trademarked, you could have to pay penalties or rebrand your offerings, which is costly.
- It protects your brand investment. Once you know you’ve established a unique name for your company, you can reap the rewards of all the time and money you’ve invested into your brand.
- It protects your brand. By searching for other brand names and ensuring they’re not in competition with yours, you’ll have a unique name that’s easy to recognize and defend if someone tries to use it.
- It creates consistency. Your customers want to know that your brand messaging is consistent and authentic. Searching for other brand names is an important step in ensuring you have a unique name across platforms that will build your brand reputation and trust.
What’s Involved in a Brand Name Search?
There are various steps involved in conducting a brand name search. This can include the following:
- Searching for the name online, such as on search engines. This will bring up any similar names that are already being used for other brands.
- Searching the United States Patent and Trademark Office (USPTO) database. You can search for similar or exact brand names. When searching for these, it’s wise to check for any spelling variations on the same name or phonetic similarities that could create confusion for your customers.
- Search company registries on the Secretary of State websites. This will rule out any company that’s actively using the name.
- Search social media handles and usernames. This is important to include in your brand name search because it will prevent a similar name from marring your online presence.
- Get a professional search. A qualified trademark attorney can help you to conduct a comprehensive brand name search, giving you peace of mind that you haven’t missed any potential issues.
What are Tips for Choosing a Brand Name?
When selecting the best brand name, you want it to be memorable and unique. Here are some tips to consider.
- Keep it simple. A strong brand name is one that’s simple to understand and remember, as well as spell. Shorter names can also help to prevent your consumers from not being able to remember you or find your business online.
- Make it familiar. It’s good practice to have a brand name that sounds familiar, without being too similar to others in the market. You can combine familiar words, like “sun,” “green,” and “craft” in different ways to ensure the brand name is memorable.
- Let it grab you. You want the brand name to be unique enough that it attracts people’s attention. This is what will help it to establish itself in a market filled with other brands, provided it meets the other criteria of being simple, memorable, and easy to spell.
How Can a Lawyer Help You with a Brand Name Search?
A professional lawyer can help you in a variety of ways when you want to conduct a brand name search. They’ll use their skills and expertise in the following ways:
- They’ll conduct a comprehensive search. Without experience, you might only do a straightforward online search for your brand name. But this isn’t enough. A lawyer will check all federal and state databases, and more.
- They’ll check for any similar brand names. This isn’t just about finding a business with the same name. It’s about considering phonetic and visual name similarities that could create consumer confusion or brand reputation harm.
- They’ll assess your legal risk. When you decide on a brand name, a lawyer will calculate how much of a risk it has with potential infringement claims.
- They’ll guide you through the process of registration. This includes registering a trademark and other brand elements so that you increase your chance of being approved.
- They’ll help you from the start of the brand name search process. This will prevent costly branding mistakes.
- They’ll maintain a legal record of your brand name search and other processes. This will come to your aid should you experience disputes or legal action in future.
Where to Find a Lawyer for a Brand Name Search
If you want to hire a lawyer for your brand name search, you might struggle to know where to find a reputable one. ContractsCounsel, one of the largest online legal marketplaces where clients can connect with vetted lawyers directly on the platform, makes this process easy.
You can search for lawyers according to various factors, such as their location, experience, expertise and credentials, and client ratings for previous projects completed on the platform.
Lawyers on the platform are also available to draft or review any documents you might require during the process of registering your brand name or other elements. Here’s how to request a review or drafting:
1. Go to the ContractsCounsel marketplace, where you can post your project for a review or drafting for free.
2. Receive multiple bids from lawyers on the platform.
3. Once you receive lawyer bids, you can review the lawyers' profiles, such as their location, client ratings, and other data.
4. Connect with a lawyer you think is best suited to your requirements and hire them.
