by Soyoung Kim
If you already have the list of possible names, it’s time to research the availability of each of the brand names on your short-list. The following tasks are helpful in basic branding due diligence.
Trademarks research
Federally registered trademarks
The first step is to go to the U.S. Patent and Trademark Office (USPTO) website and search for the trademarks that are registered. All you have to do is simply typing the names that you selected in a pervious step to discover existing trademarks and details about the trademarks. Depending on how you set your search query, the result may vary. In my case, I checked the Live Trademarks button so that the result would remove the marks that have ceased.
Unregistered or state only registered trademarks
However, on the USPTO’s website, you are only able to check for federally registered trademarks, and searching for unregistered trademarks is critical as well. That is because an unregistered trademark could stop you from registering the trademark in your own name or from even using the trademark legally.
You might need to check your state’s trademark database. The USPO’s website provides state trademark information. There are several websites that search for trademarks registered in all 50 states. If you are planning on doing business in more than one state, this is definitely a good idea.
How to sort the results
You will most likely face a number of similar trademarks being used across the county, but don’t give up yet! I will give you a tip how to sort through your search results and determine which trademarks you are prevented from using versus the safe ones. The details about the trademarks come in handy. Focus on the goods and services these companies provide to better understand their trademark usage. If another company registered the same or a similar name, ensure you check the industry/service type the trademark is designated for. Remember to talk with a qualified legal professional after this initial trademark due diligence.
Internet research
Search engine competition research
First, start with a quick-check using a Google search. In this step, you are more focused on whom you will be competing with from a search perspective than legal issues with a brand name. The top three web sites that come up are the ones that you have to pay due attention. Whether they are related to your business or not, you will be a competitor in search. Therefore, it is important to know how active they are operating now. Do they produce news, press releases, create large amounts of content, etc. Google page rank is a good indicator that shows the strength of a website. If they are around 0 or 1, the competition is not too high to be confidently competitive. A Pagerank of 5 or above indicates a highly competitive website.
However, before considering the competition, it is important to know if there are any company/product names or even a person’s name that’s similar to the possible brand name. That is because if there is a famous celebrity whose name is close to the possible brand name, it could affect their reputation and image and vice versa.
Trademark and Domain Name Availability Search
Various websites act as domain brokers to help you research domain names and check availability. As a domain purchaser, you will need to select an acceptable domain extension-- .com is of course more preferable for many entrepreneurs but is not a universal better choice.There is no need to despair if you have to use other top level domains such as .net, .org. Additionally consider misspellings of your name to capture additional traffic.
If your domain is already taken
There are some things that can be done if your domain is already taken. First, you have to find the individual or holding company that currently possesses the domain name. Check a "whois" website for administrative contact details. Contact them and make an offer. Using a domain broker like Sedo.com to negotiate the price for the domain is another way to approach the current owner. If you can’t find the website occupying that URL, or no contact information on the website, WHOIS is a good tool discover the details of ownership. In case the domain name is coming close to its expiration date, you can request to back order the domain name. (Try SnapNames)
Create a Shorter Short List
Based on your trademark and domain name research, shorten your brand name short list even further. Try to narrow it down to 3-5 of the best options.
SOURCES:
- https://www.uspto.gov/trademarks/process/State_Trademark_Links.jsp
- https://www.uspto.gov/trademarks/
- https://www.nolo.com/legal-encyclopedia/how-do-trademark-search-29741.html
