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Trademark & Legal Basics

Before you fall in love with a brand name, make sure it’s legally safe.
This section covers the essentials: how trademarks work, how to check availability worldwide, and common pitfalls founders face.

How can I check if a brand name is already trademarked?
Checking whether a brand name is already protected as a trademark is one of the most important steps in naming - a conflicting trademark can lead to costly legal disputes or forced rebranding.

Manual options (free but time-intensive):

  • Search national trademark offices (e.g., USPTO in the US, EUIPO for the EU, or equivalent registries in other countries).
  • Use global search tools like WIPO’s Global Brand Database or TMview to scan multiple jurisdictions.
  • For thorough protection, consider hiring a trademark attorney to perform a comprehensive search, including common law (unregistered) rights.

These manual searches require expertise to interpret results, often miss similar (not identical) marks, and don’t cover marketing aspects like domain or social media availability.

The faster, more complete way:

NameScore automates real-time trademark checks across major international databases, flags exact matches and phonetically/confusingly similar marks, and combines this with domain, social handle, search engine, and linguistic analysis.

You get clear risk indicators in your NameReport - all in minutes, without needing legal expertise.

How do I check if a company or business name is already taken?
Finding out if your desired company or business name is already in use is essential to avoid legal conflicts, registration rejections, or confusion in the market.

Traditional ways to check (free but limited):

  • Search national company registries (e.g., Companies House in the UK, Secretary of State websites in the US, Handelsregister in Germany, or equivalent registries in your country).
  • Look for active businesses with the same or similar names via official government databases.
  • Check for domain names and social media handles manually to gauge real-world usage.

These checks are often jurisdiction-specific, time-consuming, and don’t reveal unregistered (common law) usage or similar names that could still cause issues.

The smarter, global approach:

NameScore automates company name availability insights by cross-referencing major registries, detecting similar existing businesses, and combining this with trademark status, domain & social media availability, search engine competition, and linguistic risks – all in one report.

When does a name become legally protected as a trademark?
A name (or logo, slogan, etc.) becomes legally protected as a trademark in two main ways, depending on the country or region.

1. Through official registration

The strongest and most reliable protection comes from registering the mark with a national or regional trademark office (e.g., USPTO in the USA, EUIPO for the European Union, or equivalent authorities worldwide). Once approved and registered, you gain exclusive rights in the specified categories and territories - typically lasting 10 years and renewable indefinitely.

2. Through actual use in commerce (common law rights)

In some countries (especially the US and UK-influenced systems), simply using the name in trade can create limited "common law" rights - even without registration. However, these rights are harder to prove and enforce, and usually only apply locally where the name is actively used.

Important: Protection is almost always limited to specific goods/services classes and geographic regions. A name can be registered by different owners in unrelated industries or countries.

The challenge: Registration processes take months or years, and conflicts with existing marks (registered or unregistered) can block approval or trigger opposition.

How NameScore helps: We automatically scan major global trademark databases for exact and similar existing registrations, highlight potential conflicts early, and give you a clear risk assessment - long before you invest time or money in official filing.

What is a trademark register, and how does it work?
A trademark register is an official public database maintained by a national or regional trademark office that lists all registered trademarks (brand names, logos, slogans, etc.) along with their owners, classes of goods/services, registration dates, and status.

Key examples of major registers:

  • USPTO (United States Patent and Trademark Office) - for the US
  • EUIPO (European Union Intellectual Property Office) - covers all 27 EU countries
  • WIPO (World Intellectual Property Organization) - administers international registrations via the Madrid System
  • National offices in the UK, Canada, China, India, Australia, etc.

How it works:

  1. A company or individual applies to register a mark in specific classes and territories.
  2. The office examines the application for distinctiveness, conflicts with existing marks, and compliance with rules.
  3. If approved (often after months or years), the mark is entered into the public register, granting exclusive rights in those classes and regions.
  4. Anyone can search the register to check for existing marks before filing their own.

Searching multiple registers manually is time-consuming and requires expertise to spot similar (not just identical) marks that could block registration.

NameScore simplifies this: We automatically search major global trademark registers in real time, detect exact matches and potentially conflicting similar marks, and present clear risk levels in your NameReport - alongside domain, social media, and linguistic checks.

Don’t spend hours searching registries yourself. Check your name with NameScore now and get instant trademark insights!

How can I find out if a company with my desired name already exists?
Discovering whether a company with your desired name is already registered is a key early step - it helps avoid registration denials, legal challenges, or market confusion.

Common ways to check manually (free but fragmented):

  • Search official national company registries (e.g., Companies House in the UK, state-level Secretary of State databases in the US, the commercial register in Germany/Switzerland/Austria, or equivalent government portals in your country).
  • Use global business directories or credit agencies for additional clues.
  • Google the exact name + “LLC”, “GmbH”, “Ltd”, etc., and check domain/social media usage for active businesses.

These searches are usually limited to one jurisdiction, miss inactive or recently dissolved companies, and don’t reveal similar names that could still cause issues.

The faster and broader solution:

NameScore automatically scans major company registries worldwide, flags exact and similar existing businesses, and combines this with trademark status, domain availability, social handles, search engine competition, and linguistic analysis - giving you a complete availability overview in minutes.

No more jumping between dozens of government sites. Get clear insights and reduce risks from day one.

Can the same company or brand name be registered twice?
Yes - but it depends on context, jurisdiction, industry, and territory. The same name can often coexist without conflict under certain conditions:

For company names (business registrations):

  • Many countries allow identical or very similar company names if they operate in different regions (e.g., one in California, another in New York) or different industries.
  • Some registries require uniqueness only within the same state/province or nationally, while others are more lenient.
  • However, even if registration is approved, an existing company with common law rights or a trademark could still challenge you.

For trademarks (brand protection):

  • The same name can be registered by different owners in unrelated goods/service classes (e.g., “Delta” for airlines and “Delta” for faucets).
  • Identical trademarks in the same class are generally not allowed if they cover the same territory.
  • Geographic separation also permits duplicates (e.g., one trademark in the US, another in Japan).

The risk: Even if registration appears possible, similar or identical names can lead to consumer confusion, legal disputes, or opposition during trademark filing.

NameScore helps you navigate this: We automatically check major company registries and global trademark databases for exact and similar existing names, highlight overlap risks across industries and regions, and combine this with domain, social media, and linguistic insights – so you can choose a truly distinctive name from the start.

Can I patent a company or brand name?
No - company or brand names cannot be patented.

Patents protect inventions, technical solutions, processes, or new product designs (e.g., a new gadget, software algorithm, or manufacturing method). They do not cover names, slogans, logos, or branding elements.

What protects names instead:

  • Trademarks are the correct way to protect brand names, company names (when used as brands), logos, and taglines. Trademark registration gives you exclusive rights to use the name in connection with specific goods or services.
  • In many countries, simply using a name in commerce can create limited "common law" rights, but formal registration offers much stronger, enforceable protection.

Common misconception: Founders sometimes mix up patents and trademarks because both are forms of intellectual property. Filing a patent for a name will be rejected by patent offices worldwide.

How NameScore helps: While we can’t file trademarks for you, we scan major global trademark databases early in your process, flag existing registrations (exact or similar), and help you choose a name with lower conflict risk - before you invest in legal filings.

What is the difference between a company name and a trademark?
Many founders confuse these two, but they protect different things and work in different ways:

Company name (legal/business name, e.g., “Apple Inc.” or “Tesla GmbH”)  

  • Registers your business entity with a government authority (e.g., Companies House in the UK, state registries in the US, Handelsregister in Germany).  
  • Primarily identifies the legal entity behind the business.  
  • Protection is usually limited: often only prevents identical names in the same jurisdiction or region, and mainly stops others from registering the exact same entity name.  
  • Does not automatically protect your brand in marketing or prevent others from using similar names for their products/services.

Trademark (brand name, e.g., “Apple” for computers or “Tesla” for cars)  

  • Registers your brand (name, logo, slogan) with a trademark office (USPTO, EUIPO, etc.).  
  • Protects how you present your products or services to customers.  
  • Gives you exclusive rights to use the name in specific industries (classes) and territories - and lets you stop others from using confusingly similar brands, even if their company name is different.  
  • Much stronger and broader protection for building brand recognition and value.

Key takeaway: You can have a company name without a trademark (common for small/local businesses), but if you want real brand protection - especially for growth, online presence, or international plans - you need a registered trademark.

Many great company names get blocked later because the brand name is already trademarked by someone else.

NameScore helps early: We check both company registry overlaps and global trademark databases, plus domain/social availability, so you can pick a name that’s safe as a business and as a protectable brand.