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It is important to check for the brand name's registration before starting to use it, as it saves you from litigation, expensive rebranding, and other people's businesses. Here are major places to check if a brand name is registered:

  1. United States Patent and Trademark Office (USPTO): If you are in the United States, you should start with the online database of the USPTO to determine whether the brand name has already been previously registered as a trademark. You can search for trademarks registered either by name or by design, or both, at the website of the USPTO through TESS. From this database, one would get detailed information, like owner, date of registration, and status, concerning the registered trademark.
  2. State Trademark Databases: Apart from the federal trademarks, it is only logical that you should check your state trademark database. After all, some businesses would have been operating with state-registered trademarks, especially those involved in local activities. Online search tools are often made available by most states through the Secretary of State or equivalent offices.
  3. International Databases: If you intend to use the mark in foreign countries, you should also conduct searches of international trademark databases. The World Intellectual Property Organization (WIPO) maintains a Global Brand Database that allows for searching all of the countries participating in it. The European Union Intellectual Property Office (EUIPO), sponsors a searchable database, as do most of the other regional trademark offices.
  4. Common Law Trademarks: A name does not need to be registered to be trademarked. It may be protected under common law as long as it is in actual use in commerce. Check for common-law trademarks by conducting an online search to spot similar and conflicting marks in the business on search engines, social media websites, and domain name registrar.
  5. Professional Assistance: In this case, a trademark attorney or search firm can conduct thorough searches for you, providing an advanced breakdown of possible conflicts and recommending the likelihood of successful registration.

In sum, conducting a brand name search is a federal, state, and international database search, with consideration of common law trademark holders. Proper research before adopting a brand name would save one from legal hassles and assure the brand's uniqueness in the marketplace.

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