How to Check if a Phrase Is Trademarked (+ Free Trademark Search)

When launching a new product, branding with a unique phrase, or even just printing a catchy slogan on merchandise, it's crucial to ensure the phrase isn't already trademarked.

Using a trademarked phrase without permission can lead to legal issues, including costly litigation and the need to rebrand.

This article will guide you through the process of checking if a phrase is trademarked, discuss the importance of conducting a thorough trademark search, and answer some frequently asked questions about trademarks.

Whether you're a small business owner, a marketer, or a designer, understanding how to navigate the world of trademarks is essential to safeguarding your projects and your brand.

The importance of a trademark lookup

Conducting a trademark lookup on the Patent and Trademark Office system or on Trademarkia to search for registered trademarks is crucial for any business or individual planning to use a new phrase in commerce or in personal branding.

Did you know that Donald Trump trademarked the phrase "Make America Great Again?"

This proactive step ensures that you're not infringing on someone else's trademarked property, which can help you avoid legal complications.

Infringement can lead to lawsuits.

And lawsuits may require you to pay damages and cease using the trademarked material.

Furthermore, a thorough trademark search helps in establishing your own brand's identity.

By ensuring your chosen phrase or logo is unique, you can build a distinctive presence in the market, which is invaluable for marketing and consumer recognition.

This not only sets you apart from competitors but also prevents confusion among consumers, which can dilute your brand's impact.

Did you know brands take trademark infringement claims seriously? For example, Louis Vuitton took action against a South Korean fried chicken restaurant named Louis Vuitton Dak.

The brand claimed the restaurant's name and logo were too similar to its own.

The court agreed, resulting in a significant financial penalty against the restaurant for trademark infringement​.

Learn more on our blog: What to Expect When Applying for a Trademark: A Comprehensive Guide.

How do I search for trademarked phrases?

To search for a trademark or service mark, you can follow several steps to determine if the phrase you're interested in is already registered or in use.

Here's a 3-step guide on how to conduct a trademark search effectively:

1. Start with a basic online search: Begin by checking the internet to see if the phrase is in use in a similar industry or field. A simple Google search can reveal whether the phrase is commonly used or associated with existing products or services.

2. Use Trademarkia's trademark database: For a more formal search, visit the USPTO's trademark electronic search system (TESS) or Trademarkia. You can search for registered trademarks and pending applications for free on our website.

3. Hire a professional: For a comprehensive search, consider hiring a trademark attorney. Our legal experts have experience in detailed searching and can provide legal advice on the likelihood of trademark registration success and potential infringement issues.

Should you do a professional trademark search?

Deciding whether to conduct a professional trademark search depends on various factors, including:

• Your business scope
• Potential legal risks
• Financial considerations

Here's why opting for a professional search over a basic word mark search can be beneficial:

As qualified intellectual property attorneys, our team specializes in intellectual property law and is well-versed in the nuances of trademark searches.

We use specialized tools and databases that go beyond the basic searches for registered trademarks you can perform yourself, potentially uncovering conflicts that might not be apparent from a standard search.

These insights can help you avoid costly legal disputes and the need for rebranding if an issue arises after you've begun using a trademark.

Want to learn more? Read our full guide: How to Trademark an Idea. 

Trust Trademarkia to get the job done the right way.

Navigating the complexities of trademarks can be daunting, but with careful research and the right resources, you can effectively protect your brand and your creative assets.

Whether you conduct the search yourself using the USPTO trademark search or Trademarkia's trademark database or enlist the expertise of professionals like Trademarkia, the key to your trademark strategy is thoroughness and precision.

Remember, investing time and resources into a comprehensive trademark search and possibly seeking professional help can save you from potential legal troubles and reinforce your brand's distinctiveness in the marketplace.

As you move forward, consider all aspects discussed in this guide to ensure your trademark endeavors are as successful and secure as possible.