Trademark Searches: How to Know if Your Brand is Available

How to Check Business Name Availability and Protect Your Brand

Starting a new business or rebranding an existing one is exciting, but it also brings real pressure. You’ve likely spent hours crafting a name that reflects your vision, and you want to protect it. Before you commit, you need to know that name is actually available. A trademark search helps you avoid legal trouble, branding confusion, and the financial pain of changing your identity down the road.

At Horn Wright, LLP, we help businesses across New York State secure trademarks that hold up. Our skilled trademark attorneys understand the crowded, fast-moving business environment here, from New York City’s tech startups to small Hudson Valley boutiques. We’ll do the hard research, flag risks, and guide you through every step so you can move forward with confidence.

Start with a Strong Business Name Idea

Before you search, you need a name that’s worth protecting. This is more than creativity, it’s strategic thinking. Your name should reflect your business purpose, connect with your audience, and set you apart in a dense market like New York.

Think about your business’s personality. Are you formal or casual? Local or national? Trendy or timeless? Your name needs to stand out in a place where thousands of businesses compete for attention, especially in places like Manhattan, Buffalo, or the Capital Region.

Tips to get started:

• Choose a name that’s easy to pronounce and spell
• Avoid generic words or phrases already saturated in the market
• Add distinctive elements that aren’t industry standard
• Test how the name sounds out loud and looks online
• Imagine it on signage, invoices, and web addresses

You want something strong and flexible, something you can build a real identity around.

Understand What a Trademark Search Covers

Many people think checking Google or the New York Secretary of State’s website is enough. It’s not. A true trademark search dives deeper and checks for conflicts that aren’t always obvious.

A search looks at:

• Exact matches and similar spellings
• Phonetic equivalents (names that sound alike)
• Similar logos or taglines
• Business categories (known as trademark classes)

In New York, competition crosses industries and boroughs. A boutique in Brooklyn might clash with a fitness brand upstate if the names look or sound alike. Even a similar logo or color scheme can create legal problems if your markets overlap.

That’s why your search needs to be comprehensive and careful.

Search the USPTO Federal Database First

The United States Patent and Trademark Office (USPTO) is your first stop. Their Trademark Electronic Search System (TESS) lets you look up registered federal trademarks across the country. It’s free, detailed, and incredibly important.

Here’s how to run a solid federal search:

• Enter your exact business name into TESS
• Run searches with alternate spellings and similar sounding names
• Filter by live (active) marks, not just dead ones
• Review logos and designs tied to the name
• Note any New York-based registrants in similar fields

This search helps you avoid federal conflicts. If someone filed a trademark for a similar name in your category, even if they’re based in Albany and you’re in Staten Island, you could still run into problems.

Check the New York State Trademark and Business Entity Databases

Don’t stop with federal records. New York has its own trademark database and a separate registry for business entities filed with the New York Department of State.

Start by searching the Division of Corporations Entity Database. This tells you which business names are already registered in the state. Then, check New York’s trademark registration system to see if anyone has claimed the name, or something close, at the state level.

This is especially useful for:

• Local restaurants and retail shops
• Regional service providers
• Independent professionals such as contractors, designers, and consultants

If you’re opening a bakery in Ithaca, you might find a similar name registered in Syracuse. Even if it’s not a federal trademark, you don’t want confusion between two businesses 50 miles apart. Local rights still carry weight.

Examine Domain Name and Social Media Availability

In today’s market, your digital presence needs to match your business name. While checking trademarks, look at domain name availability and social media handles.

Even if a name isn’t trademarked, someone else might already be using it online. That’s enough to cause confusion, or at the very least, dilute your branding.

Check these key areas:

• Domain registrars like GoDaddy, Google Domains, and Namecheap
• Social platforms like Instagram, Facebook, TikTok, and LinkedIn
• WHOIS to see domain ownership and registration history
• Matching usernames across channels

If you're launching a boutique in the Bronx and a similar name is already a well-used Instagram handle for a Buffalo candle shop, you’ll want to rethink. Uniform branding builds trust and helps customers find you faster.

Search for Unregistered (Common Law) Trademarks

Not every brand files a formal trademark. But that doesn’t mean they don’t have rights. Common law trademarks come from using a name in business, and they can still lead to legal disputes.

To uncover these, look beyond official databases:

• Search Google, Yelp, and Bing for businesses using the name
• Check local business directories, especially in smaller towns
• Review online menus, service listings, and trade show appearances
• Use mapping tools to explore signage, storefronts, or co-working offices

A woodworking business in Utica might not show up in a USPTO search but may still claim the name through active use. If they’ve been using it for years and you launch with the same name, you could face serious pushback.

Investigate Similar Names Across Industries and Trademark Classes

Trademarks are about the field you work in. The same name can legally exist in multiple industries if they don’t confuse customers. This is where trademark classes come in.

The USPTO divides trademarks into dozens of categories like clothing, software, legal services, and food products.

Let’s say you want to name your Albany-based app development company “Elm Street.” You may find a registered restaurant in Manhattan with that name. If your fields differ, approval is possible. That said, the lines can blur in New York where industries often cross-promote.

Always review:

• Class numbers associated with existing trademarks
• Descriptions of services listed on TESS
• How close your market is to theirs, both geographically and commercially

Watch for Red Flags During the Search

During your search, you may spot warning signs that suggest you should consider another name. It’s better to change early than to get hit with a cease-and-desist after you’ve invested time and money.

Red flags include:

• Identical or nearly identical names in your trademark class
• Similar-sounding brands with matching services
• Recent applications for similar names in your area
• Active use of the name in the same region or on similar products
• Social handles and domains that are already established
• Legal notices or litigation tied to the name

If you’re seeing more than one or two of these, it’s time to regroup. Risk now means problems later.

Know When to Bring in a Trademark Attorney

Sometimes, the lines just aren’t clear. You might find a partial match or feel unsure about class overlap. That’s when a professional helps.

A trademark attorney can:

• Dig into detailed trademark history
• Review use in commerce
• Flag risk you might miss on your own
• Help you file your application correctly
• Defend your rights if challenged

In New York State, where the legal landscape shifts quickly and businesses pop up overnight, legal insight can save time and reduce long-term risk. Our team is available to answer your questions and guide you through the steps when you need us.

Register and Monitor Your Trademark After Your Search

Once your search shows the name is available, the next step is registering and monitoring it. You can file with the USPTO for nationwide protection or with New York State if you plan to operate locally.

Federal registration gives you broader rights, especially for e-commerce, franchising, or expanding across states. State registration is faster and less expensive, which suits some small businesses.

But either way, once you register, keep an eye out:

• Set up alerts for trademark filings that sound like yours
• Watch local directories for similar brands
• Check Google alerts for your business name
• Take quick action if someone starts using something too close

A trademark is something you have to guard and enforce so your brand keeps its value.

Protect Your Brand with Help from Horn Wright, LLP

A strong brand starts with the right name and the right research. At Horn Wright, LLP, we help business owners across New York State conduct thorough trademark searches and secure the legal protection they need. Whether you're launching in Buffalo, Long Island, or anywhere in between, our attorneys will take that stress off your shoulders and make sure your brand is truly yours.