You’ve brainstormed, refined, and finally landed on a business name or logo that feels just right. It captures your brand perfectly. But before you invest in websites, marketing, packaging, or signage, there’s a crucial question to answer:
Is your name or logo actually available to use?
At brandU Legal, we see too many businesses rush to market without verifying their brand’s availability and later face expensive disputes or rebranding. Knowing whether your name or logo is clear for use (and protectable) is a critical first step in building a strong brand foundation.
Here’s how to do it right.
1. Understand What “Available” Really Means
Just because a name or logo doesn’t appear on Google doesn’t mean it’s available. Trade mark rights often arise through use, even without formal registration. Availability means:
- No one else is using a confusingly similar name or logo in your industry.
- There are no existing trade marks that could block your registration or cause legal risk.
- You can use it and protect it as your own.
Your brand is your identity so making sure you have the legal right to own and enforce it is essential.
2. Start with a Preliminary Search
You can begin by checking:
- Google and social media: Are other businesses using the same or a similar name in your sector?
- Domain name availability: Can you get a matching website domain?
- Business name registries: Check your local corporate or business name registration offices.
While these steps are helpful, they’re not enough on their own. A name might be available as a company or domain name but still infringe on someone else’s registered trade mark rights.
3. Check the Trade Mark Registers
Most countries maintain public trademark databases. For example:
- The USPTO for the United States
- The UKIPO for the United Kingdom
- EUIPO for the European Union
- IP Australia, CIPO, JPO, and so on for other countries
You can search for exact or similar names/logos. Be cautious however as these tools are complex, and results often include similar-sounding or stylised marks that aren’t immediately obvious.
4. Get a Professional Trade Mark Search
This is where brandU Legal makes the difference.
We go beyond surface-level checks to conduct:
- Comprehensive trade mark searches in relevant jurisdictions
- Phonetic and visual similarity analysis
- Industry-specific conflict checks
- Risk assessments based on how likely an objection or dispute is
We don’t just tell you whether a name is available, we tell you whether it’s safe, strong, and worth investing in.
5. Assess Logo Availability Too
Logos are trade marks too. If you’ve designed a unique visual mark, it needs to be checked for:
- Similar visual elements or layouts
- Potential copyright issues if stock or third-party elements were used
- Existing logo trade marks that could be confused with yours
We evaluate logos with both creative and legal lenses to ensure they’re protectable and original.
6. Think Long-Term: Can You Own It?
Choosing a brand isn’t just about avoiding legal trouble, it’s about building a name you can own and defend. We help clients choose names and logos that are:
- Distinctive, not generic
- Capable of registration
- Aligned with long-term brand strategy
Your Brand Is Our Business™
At brandU Legal, we specialize in one thing intellectual property and we do it brilliantly. We know how much thought and heart goes into naming your business. We make sure the legal side supports your vision, not derails it.
Don’t leave your brand’s future to guesswork. With smart, strategic IP advice, we help you move forward confidently knowing your name and logo are truly yours.
Need a name or logo check? Let’s talk.