Q: How Do I Know if a Business Name is Taken Already?
It isn't just one question; it's four or five questions and facts stacked on top of each other.
You Google it. You check the domain. You look up the handle. If everything's available, that feels like a green light — but trademark law doesn't actually work like real estate or domain names, where something's either taken or it's not.
In this episode, I walk through how I actually evaluate whether a business name is taken — including what "class of goods and services" means, why two businesses can share a name and both be fine, and what changes when someone else is already using something close to what you want.
I also share a real question that landed in my inbox the same week I recorded this, plus what you're legally signing when you file a trademark application yourself.
If you've ever wondered whether your business name is trademarked already, this one walks you through how to actually find out.
Topics covered in this podcast episode:
How to check if a business name is already taken (beyond Google and domains)
What "class of goods and services" means, and why it matters
Real example: same-ish name, same-ish class, different states
Federal registration vs. common law trademark rights
What you're legally signing when you file a DIY trademark application
Coexistence agreements: when two similar businesses can both move forward
Why a trademark strategy session beats guessing from a Google search
New Here?
I'm Chelsea Fournier—a U.S. trademark attorney for business owners and credentialed professionals who've built something worth protecting. I work with therapists, coaches, consultants, speakers, and other service providers and practitioners who are past the idea stage—established enough that a name, logo, or tagline has real weight behind it.
Trademark work is the whole of my practice, not a service tacked onto something else. Every engagement moves through the same five stages — consultation, search, filing, intent-to-use, and maintenance — and I meet clients wherever they're starting in that process.
→ If you're not sure trademark protection makes sense yet, or just want clarity on timing and cost, the Free Consultation is a no-pressure place to start.
→ If you need to know whether your name, logo, or tagline is actually available, the Trademark Strategy Session and Clearance Report + Call screen for conflicts before you invest any further.
→ If you're ready to protect what you've built, Filing Your Application and the intent-to-use filings that follow get your mark on record the right way.
→ If you already have a registration, Registration & Maintenance keeps it active and enforceable, so the protection holds up long after the paperwork's done.
Wherever you're starting, there's a path that fits. Explore my Services + Flat Fee Pricing Schedule for more details.
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Related Episodes:
🎧 Q: Hire a Lawyer or a Filing Service to Trademark My Brand?
