QuestionsCategory: legalCopyright/branding
soupy asked 3 years ago

I am currently in the process of trying to start a clothing line. I have a basic business plan, designs, factories that I plan on dealing with. My biggest concern right now is if the name I have chosen is taken with full legal rights. I have done some checking and through a government search didn’t find anything with the exact title but very close. If I google the name there are some small brands with the same name. What is the best step to take to find out if a name is taken? and should be 100% sure the name is free before starting anything? I feel I probably should but just looking for some confirmation. 
Thank you

1 Answers
Facebook Profile photoJon Kruse answered 3 years ago

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.
A TESS name search allows you to look for plurals. However, the search will not automatically find words that sound like your trademark but are spelled differently. This means that in order to find similar marks, you will need to conduct multiple searches using as many variations on your name as you can come up with. You can search for the exact name, or for any trademark that contains the words in your name.