Check If Your Store Name Is Trademarked Before Opening Shopify
[!TIP] Interactive Tool: Use our free Shopify Store Name Trademark Pre-Screener to pre-screen your brand name against database classes, search registers, and domain/social availability in one unified check.
Before you sign up for a Shopify trial, design a custom logo, or spend money on inventory, you need to verify one critical detail: Is your store name trademarked?
Many eager entrepreneurs jump straight into building their online store, only to receive a trademark infringement notice or a cease-and-desist letter months later. When that happens, Shopify is legally required to suspend your storefront, forcing you to completely rebrand, purchase a new domain, and scrap your marketing materials.
This guide walks you step-by-step through how to check if your store name is trademarked before opening Shopify, ensuring your brand stands on solid legal ground.
Why You Must Check Trademarks Before Setting Up Shopify
Opening a Shopify store requires time and financial investment. If you skip a trademark check, you risk three major consequences:
- Forced Store Takedown: Under the Digital Millennium Copyright Act (DMCA) and trademark laws, Shopify has a strict policy regarding intellectual property. If a trademark owner reports your store, Shopify will shut it down immediately.
- Loss of Domain Authority: If you are forced to rebrand, the domain name you registered (e.g., on Namecheap) becomes useless. You have to start your SEO efforts from scratch on a new domain.
- Financial Liabilities: Trademark holders can sue for damages, particularly if you sold products under their registered brand name.
Checking trademark availability takes less than 15 minutes and is completely free. Here is how to do it.
Step 1: Search the USPTO Trademark Database
For businesses operating in or selling to the United States, the United States Patent and Trademark Office (USPTO) is the official registry.
- Go to the official USPTO Trademark Search system at tmsearch.uspto.gov.
- Choose the Basic Word Search option.
- Type in your proposed Shopify store name.
- Search not only for the exact spelling but also for phonetic matches, plurals, and close variations. Trademark law protects against "confusing similarity"—if your name sounds like an existing brand selling similar items, it is an infringement.
*Note: If you are based in the UK, search the UK Intellectual Property Office (UK IPO). If you are in Canada, use the Canadian Trademarks Database.*
Step 2: Understand Trademark "Classes"
Trademarks are registered under specific categories of goods and services, known as International Classes. A matching name is only a conflict if it is registered in a class related to your business.
For online retail and e-commerce, pay close attention to:
- Class 35 (Advertising and Business): This covers retail store services and online marketplace services. Almost all Shopify stores fall under this class.
- Class 25 (Clothing): If you are launching a fashion or apparel line, you must search Class 25.
- Class 3 (Cosmetics and Cleaning): Crucial for beauty, skincare, and soap brands.
If you find a registered trademark for "Aura" under Class 12 (Vehicles), and you want to open "Aura Cosmetics" selling skincare (Class 3), you are likely safe to proceed. However, if "Aura" is registered under Class 35 for online retail, it presents a direct conflict.
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Step 3: Check "Common Law" Trademarks
A business does not need a registered trademark to have legal rights. Under "common law," if a company has been actively using a name in commerce within a specific territory, they hold rights to that name.
To check for common law trademarks:
- Run a thorough Google search for your store name.
- Check major social media platforms (Instagram, TikTok, Facebook) for active businesses using the name.
- Check online marketplaces like Etsy and Amazon.
If another business is already selling similar products under your name, it is best to choose a different name, even if they haven't registered it with the USPTO.
Step 4: Verify Domain and Social Media Availability
Once the name is legally clear, you must ensure you can secure the matching digital assets. Mismatched branding confuses customers and dilutes your marketing.
Use Namecheckly to instantly scan your name across:
- The
.comDomain: The undisputed gold standard for e-commerce. If the.comis taken, see if you can buy it or check if modified versions likeshop[YourName].comare free. - Social Handles: Check Instagram, TikTok, Facebook, and Pinterest. Having consistent handles is essential for running Meta and TikTok ads.
What to Do If Your Store Name Is Taken
If your trademark search reveals a direct conflict, do not try to "squeeze by." The cost of rebranding later is always higher than picking a new name now.
- Brainstorm Variations: Use a business name generator to discover related terms.
- Add Modifiers: Add descriptive words that change the phonetic sound and legal scope (e.g., "Aura Skincare" instead of just "Aura").
- Start Fresh: Find a name that has zero trademark history, an available
.comdomain, and open social media handles.
Once you find a name that is completely clear, register the domain on Namecheap immediately to secure it, then start your Shopify store for $1/month and begin building your brand.
