The United States Patent and Trademark Office maintains a publicly searchable database called TESS, the Trademark Electronic Search System, at tess.uspto.gov. Before you commit to any business name, logo, or brand identifier, run it through TESS. The search is free and returns any registered trademark or pending application that matches your query. A direct match is an obvious red flag. A close phonetic match or a match in a related category is a subtler risk that warrants review by a trademark attorney before you proceed.
Search more broadly than your exact name. If you are naming your business Ironwood Design, search for Ironwood across all categories, not just your specific industry. Trademark law prohibits registration of names likely to cause consumer confusion, and likelihood of confusion is assessed across related categories, not just identical ones. A business called Ironwood Financial in the financial services category might create problems for a business called Ironwood Design in an adjacent professional services category even though the names are not identical.
A TESS search is necessary but not sufficient. Many brand names in use have never been formally registered as trademarks but still carry common law trademark rights in their geographic area. A comprehensive name search should also include a general Google search, a search on social media platforms, a domain availability check, and a business entity search in your state's Secretary of State database. A name that clears TESS but is already in use by an established company in your market still creates meaningful risk.
If you find a conflict, the cost of changing your name before launch is small compared to the cost of rebranding after you have built recognition, printed materials, registered your domain, and built an audience. The right response to finding a conflict is to change the name and run the search again, not to rationalize why the conflict is close enough. The standard for trademark infringement is whether consumers might be confused, not whether you are intentionally copying anyone.
Consider filing a trademark application for your business name once you have confirmed it is clear. The USPTO application process costs between 250 and 350 dollars per class of goods or services and can be completed online. Filing establishes your priority date, gives you constructive notice to the world of your claim, and gives you access to federal courts and significantly stronger legal remedies if someone infringes on your mark later. A trademark attorney can advise you on classification and strategy for about 500 to 1000 dollars including the filing fee.
Clearing your business name for trademark conflicts before launch is an investment of a few hours that protects a brand asset you may spend years building.