The Phoenix Public Library has prepared this brochure to help you check the availability of a proposed business, product, or service name before using a trade name or registering a trademark. Although the library has prepared this brochure with the best information available, it is strongly suggested that you seek the advice of an attorney for any specific questions about the interpretation of laws or for guidance in any major business decisions. Library staff will be glad to assist you in researching proposed name availability, but cannot interpret the law for you or offer legal advice based on research done here.

A trade name is a name used to identify organizations, and generally their products and services as well. A trademark is any word, phrase, design, slogan, or symbol, which distinguishes certain products and services from those offered by competitors, such as "Jell-O" or "Kleenex". Although trademarks registered with the state and/or federal governments enjoy the highest degree of protection, even unregistered or "common law" trademarks may be somewhat protected.

Following the steps below may help you find potentially conflicting trade names and trademarks. Each step offers a higher degree of protection.

• Check your proposed name against the list of directories on the other side of this sheet. This list has been designed to help you check trade names and trademarks, with particular emphasis on Arizona businesses. This check will take about 30 minutes.
• Check your proposed name on the Arizona Corporation Commission's database of corporate information at www.cc.state.az.us/corp.
• Check your proposed name on the U.S. Patent & Trademark office's Trademark Database at www.uspto.gov/web/menu/tm.html. Read their explanations and disclaimer.
• If your proposed name appears "clean" after step 1 through 3, you may want an online search conducted for you. This search will go beyond the preliminary screening for the first step and involve checks of common law trademarks throughout the country. Costs for this service vary. Contact Facts to Go! at (602) 256-3544 or ask at the Central Library Business desk for more information.
• If you want more protection or advice or if you would like someone to handle the entire process for you, you may wish to use the services of a trademark attorney. The library has directories to help identify attorneys who may be able to handle your needs.

This list is effective only when all listed directories are used. Please do not ask library staff to recommend one source over another, since they are all equally vital regardless of the type of name. Your time is precious, but so is the protection that only thorough research can provide.