How to Check Copyright Names: A Step-by-Step Guide

In the world of business, art, and online branding, choosing the right name is vital. Whether you’re naming a company, a product, a service, or even a creative project, it’s essential to ensure that name is available. However, here’s the first big surprise: names, titles, and phrases aren’t actually protected by copyright.

Copyright protects creative works like books, songs, and movies—not names or titles. Instead, trademarks protect names, logos, and brand identifiers, so you’ll be searching for trademarks rather than copyrights.

This article revolves around “how to check copyright names” and guides you through the process of checking their availability.

Copyright vs. Trademark: Key Difference

To kick things off, it’s important to clarify the difference between copyright and trademark so you know exactly what you’re looking for:

• Copyright: Protects original works of authorship, such as literature, music, films, and other artistic creations. Copyright does not cover names, titles, slogans, or phrases.
• Trademark: Protects brand identifiers such as names, logos, slogans, and symbols used in commerce to distinguish goods or services from others. This is what we’ll be focusing on when it comes to protecting or checking names.

So if you want to make sure your chosen name is free to use, you’ll be conducting a trademark search, not a copyright search.

Concept of Trademark Search and a Class

What is Trademark Search?

A trademark search is the process of checking whether a proposed trademark (such as a name, logo, slogan, or design) is already registered or in use by someone else. This search is conducted to ensure that the trademark is available and won’t conflict with existing trademarks.

It helps avoid legal disputes, infringement claims, or rejection of your application by the trademark office. Trademark searches can be performed through official databases like the USPTO (for the U.S.), WIPO (globally), or specific country-based registries such as the Indian Trademark Registry.

Additionally, thorough searches should also extend to unregistered but widely used marks, known as common law trademarks. This proactive step allows businesses to proceed with confidence when launching new products or services and protects their intellectual property from unnecessary risks.

What is a Trademark Class?

A trademark class refers to the category under which a product or service falls, according to the Nice Classification (NCL) system.

There are 45 trademark classes—34 for goods and 11 for services. For example, Class 25 covers clothing, footwear, and headgear, while Class 41 covers education and entertainment services. When filing a trademark, it’s important to identify the correct class to ensure proper protection.

The class determines where your mark will apply, and incorrect classification may lead to rejection or limited protection.

A business may need to register its trademark under multiple classes if its offerings span different categories. Conducting a class-specific search ensures the trademark isn’t already taken within the relevant field.

What is the Importance of a Trademark Search?

Conducting a trademark search is an important part of establishing and safeguarding your brand.

Conducting a trademark search is important due to several significant reasons.

Avoiding Potential Infringement: A comprehensive trademark search can help you recognise any existing trademarks that could be comparable or identical to your preferred mark. This helps you avoid potential infringement issues and legal disputes with other trademark owners.

It ensures that your chosen mark is unique and distinct, reducing the risk of unintentionally encroaching on someone else’s intellectual property rights.

Protecting Your Brand Reputation: A trademark search helps protect the reputation and integrity of your brand. By identifying any existing trademarks associated with similar goods or services, you can prevent consumer confusion and brand dilution.

Building a strong and distinctive brand requires selecting a mark that is not already associated with negative connotations or competing businesses.

Securing Exclusive Rights: A comprehensive trademark search ensures that you can confidently apply for registration, knowing that your mark is not already in use or registered by someone else. It helps establish a solid foundation for your brand’s legal protection.

Saving Time and Resources: Investing time and resources into developing a brand only to discover later that your chosen mark is already in use can be a significant setback. Conducting a trademark search at the beginning can prevent wasted efforts and expensive rebranding procedures.

It permits you the opportunity of informed decision-making about your brand identity from the start, which can save time and resources in the future.

International Considerations: If you plan to expand your business internationally, a trademark search becomes even more important.

Trademark laws and registrations vary across jurisdictions, and conducting a search helps uncover existing marks that may pose conflicts in different countries. This enables you to develop a comprehensive trademark strategy that protects your brand on a global scale.

Essential Trademark Terms to Know Before Filing Your Application

Term	Description
Class Details	Identifies the specific category, or “class,” a product or service belongs to, which determines the scope of trademark protection. Trademark searches can be conducted across various languages.
Well-Known Marks	A list of widely recognised trademarks with strong brand identity. Using a similar mark to any well-known trademark may result in application rejection.
Prohibited Marks	Contains restricted marks that cannot be registered, including terms with national or historical significance (e.g., “National,” “Mahatma Gandhi,” “ISO”). Use of these will lead to rejection.
Vienna Code Classification	Categorises figurative elements (logos) in trademarks under a system that helps identify visually similar trademarks. Important for checking logo-based brand names for conflicts.

How to Check Copyright Names in India?

To verify the presence of a trademark, utilise the following steps:

Start with a Simple Google Search

One of the quickest ways to see if a name is widely used is to do a basic Google search. It’s simple but effective and will give you a sense of any significant associations with your chosen name. Here’s how to approach it:

• Search the exact name in quotation marks: For example, type "YourDesiredName" to get results for that specific phrase.
• Look through the first few pages of search results to see if the name is linked to established businesses, individuals, or any brands.
• Note any names used in similar industries as these could pose potential conflicts.

Tip: A name with significant online presence, even if not trademarked, could still create confusion if it’s associated with an established brand. Google is your friend for spotting well-known or widely recognised names right off the bat.

Use the Indian Trademark Database

Start by visiting the Indian government’s trademark database, available on the official website of the Controller General of Patents, Designs, and Trademarks (CGPDTM). Use the search tool to enter keywords, phrases, or brand names that could represent the trademark you’re applying for.

Review the search results to identify any similar or identical trademarks that are either registered or pending. You can refine the results based on the level of match, type of trademark, and trademark class.

Conduct a Comprehensive Internet Search

Although the Indian Trademark Database is an excellent resource, supplement it with a broader online search. Use search engines, online directories, marketplaces, and social media to look for similar brand names or trademarks used in India.

Be sure to include unregistered common law trademarks in your search, as these could still lead to potential conflicts.

Check Domain Name Availability

Securing a domain name that matches your desired trademark is essential for building a brand’s online presence.

Check domain registration sites or search engines to see if your desired domain name is available. While this doesn’t confirm trademark availability, it can help you identify any possible conflicts with existing brands.

Consult a Trademark Expert

Online searches alone may not uncover every potential conflict, so it’s best to consult a trademark attorney or agent. They can perform a thorough trademark search and provide insights based on Indian trademark laws.

A trademark expert can evaluate search results, assess risks, and offer professional advice on the availability and registration of your trademark. Their guidance can be invaluable in navigating the complexities of the Indian trademark system. 

Steps for Checking Trademarked Names: Overview

Step	Description	Tools/Resources
1. Google Search	Check for immediate online presence	Google
2. USPTO Database	Federal trademark search in the U.S.	USPTO TESS
3. State Trademark Search	State-level trademark registry	Secretary of State websites
4. Domain Search	Check for domain name availability	GoDaddy, Namecheap
5. Social Media Search	Find existing brand presence on social media	Instagram, Facebook, Twitter
6. Paid Trademark Search	For comprehensive or international search	Thomson CompuMark, TrademarkNow

Considerations to Keep in Mind During Your Trademark Search for Availability

Various significant factors must be taken into account when performing a trademark search.

These are the important points to remember.

• Legal Jurisdiction: Ensure that you are searching within the correct legal jurisdiction. The responsibility of registering trademarks and copyrights in India lies with the Indian trademark registry.
• It is recommended to also search through the trademark office of other countries if your trademark will be used there.
• Multiple Jurisdictions: If your company operates internationally or plans to file for a trademark in multiple countries, it is essential to conduct searches in each relevant jurisdiction. Trademark laws vary from one country to another, so what may be available in one jurisdiction could be conflicting or registered in another.
• Types of Trademarks: Determine the type of trademark you are searching for. Trademarks can be in various forms, including wordmarks (brand names or specific words), symbols, designs, or identifiers. Knowing the type of trademark you are looking up will help you conduct a more targeted and effective search.
• Comprehensive Search: To ensure thoroughness, consider conducting a comprehensive search that includes various databases and resources. This may involve searching online trademark databases, company directories, business registers, domain name databases, and industry-specific trademark directories. Utilising multiple sources increases the likelihood of identifying any conflicting or similar marks.
• Professional Assistance: If you have concerns about the complexity of the search or need expert guidance, it is advisable to consult with an experienced trademark attorney or intellectual property professional. They have the expertise to navigate the intricacies of trademark law, interpret search results accurately, and provide valuable insights and advice.

By considering these factors and following a systematic approach, you can conduct a more effective trademark search and make informed decisions regarding the availability and registration of your desired mark.

How to Check for Copyright or Trademark?

To check for copyright or trademark, you can follow these general steps:

Determine the Type: First, determine whether you are checking for copyright or trademark. Copyright protects original creative works, such as literary, artistic, musical, and dramatic works. Trademark, on the other hand, protects brand names, logos, slogans, and identifiers used to distinguish goods or services in commerce.

Copyright Search:

• Start by conducting an online search using relevant keywords, titles, or authors’ names to check if similar works have been copyrighted.
• Visit copyright databases or search engines provided by copyright offices or organisations in your jurisdiction.
• Keep in mind that copyright protection is automatic upon the creation of original work, so registration is not always required. However, registration may provide additional legal benefits and evidence of ownership.

Trademark Search:

• Identify the jurisdiction(s) where you need to conduct the trademark search. Trademarks are typically registered on a national or regional basis.
• Visit the official website of the trademark office in the relevant jurisdiction. For example, in the United States, you can visit the United States Patent and Trademark Office (USPTO) website.
• Utilise the trademark search tool or database provided on the website. Enter relevant keywords, brand names, logos, or slogans to check for existing trademarks.
• Review the search results and assess whether any similar or identical trademarks exist. Pay attention to the goods or services categories to evaluate potential conflicts.

Consult Professionals: If you need a comprehensive and accurate search, or if you require legal advice regarding copyright or trademark matters, it is advisable to consult with intellectual property attorneys or professionals who specialise in copyright and trademark law.

They can guide you through the search process and provide legal insights based on the specific laws and regulations in your jurisdiction.

What is Keyword-Based Online Trademark Search?

A keyword-based trademark search involves using specific words or phrases to check if similar or identical trademarks exist in the registry databases.

Online trademark search portals, such as the USPTO’s TESS or India’s IP India, allow users to input keywords related to their brand name or product to find conflicting marks. This search can uncover exact matches and phonetically or visually similar trademarks.

The results provide insights into whether the desired trademark is likely to face objections during the application process. This type of search is particularly helpful when preparing to register a trademark, as it helps applicants make informed decisions and adjust their branding strategy if necessary.

What to Do With the Search Results?

After conducting a trademark search, analyse the search results carefully to determine the best course of action. If identical or highly similar trademarks are found in the relevant class, it may be necessary to revise the proposed trademark or choose an entirely new one to avoid conflicts.

If no conflicting marks are found, the applicant can proceed confidently with the trademark filing. In cases where the results show similar but not identical marks, the applicant must evaluate the risk of confusion and consult a trademark attorney if needed.

The search results also highlight potential competitors, helping businesses strategise for the long term. It is important to save these search records, as they can serve as evidence of due diligence if future disputes arise.

What’s Next?

Conducting a thorough trademark name search is essential to ensure the availability and protection of your prospective trademark.

Utilising tools such as the Trademark Electronic Search System and engaging in a preliminary trademark search within the appropriate international classification can help identify identical marks or potential conflicts.

Considering figurative elements and proper trademark classification is essential during the search process to capture all relevant trademarks.

To perform a comprehensive trademark check, it is advisable to utilise online trademark registration resources, including trademark data search services provided by Patent and Trademark Resource Centers or private trademark search firms.

These services can assist in assessing the trademark status, identifying exact trademark matches, and conducting a detailed trademark data analysis.

By conducting a diligent trademark search, you can mitigate the risk of trademark infringement claims and strengthen your trademark registration process.

Proper trademark assignment and classification within the relevant trademark class contribute to the overall protection and legitimacy of your trademark.

Remember, trademark name searches should be an integral part of your business strategy to safeguard your intellectual property and ensure that your chosen trademark is distinctive and available for use.

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