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Legal· 6 min read

Choosing a Business Name and Filing a Trademark

A business name that can't be trademarked is a business name that can be taken from you.

Choosing a business name is a legal decision, not a branding decision. The strongest names are distinctive (suggestive, arbitrary, or fanciful) and clear of conflicts in your USPTO classes.

Checklist

  • USPTO TESS direct-hit search for identical marks
  • USPTO TESS phonetic + design search for similar marks
  • State Secretary of State entity name search
  • Domain .com availability (or strong .co/.io fallback)
  • Common-law search (Google, social handles, app stores)
  • Confirm the mark is distinctive — not merely descriptive
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Frequently Asked Questions

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