The Alabama Secretary of State's business entity search only shows state-registered business names — it does not search federal trademarks. To check for trademarks, use the USPTO TESS database at tess.uspto.gov (free). A name can be clear in Alabama's SOS database and still infringe on a federally registered trademark, which can result in a cease-and-desist after your business is already operating.
Why the Alabama SOS search isn't enough
Most Alabama business owners run the Secretary of State's business entity search, see their desired name is available, and assume they're clear. This is one of the most common and costly mistakes in the name selection process.
The SOS database only shows businesses registered with the state of Alabama. It has no connection to the federal trademark system. A company based in California, Texas, or any other state may hold a federal trademark on a name — and never be registered in Alabama — yet still have the legal right to stop you from using that name anywhere in the United States.
Federal trademark rights are national. A federal trademark registered by a company in another state gives them the exclusive right to use that name in commerce across all 50 states. You can be forced to rebrand — at your own expense — even if your Alabama LLC was properly registered and you've been operating for years.
How to run an Alabama trademark search — step by step
Start with the USPTO TESS database (free)
Go to tess.uspto.gov and use the Basic Word Mark Search. Enter your desired business name. Search for exact matches first, then variations. The database covers all federally registered trademarks and pending applications.
Search for similar names in your industry class
Trademark infringement doesn't require an identical name — it requires a name that is "likely to cause confusion" among consumers in the same class of goods or services. A name can infringe even if it's not an exact match. Search your name, common misspellings, and phonetic equivalents.
Filter by the relevant trademark class
Trademarks are registered by class of goods or services. Two businesses can share a similar name if they're in completely different industries (one sells software, one sells landscaping). Filter your TESS search to the class(es) that match your business type. There are 45 international trademark classes.
Run the Alabama SOS business entity search
After clearing the federal search, run the Alabama Secretary of State business name search to confirm no existing Alabama-registered business has the same or deceptively similar name. This is the step that determines whether you can register the name with the state.
Search common law trademarks
Trademark rights can exist without federal registration — businesses that have used a name in commerce may have "common law" trademark rights even without filing with the USPTO. Search Google, social media, and domain registries for businesses using your desired name. If a business has been using a name publicly, they may have enforceable rights.
Consider a professional trademark search for important brands
For businesses where the brand name is a significant asset, a professional comprehensive trademark search through an IP attorney or a service like Bizee's trademark registration service catches things the basic TESS search can miss — phonetic equivalents, design marks, and international registrations.
Alabama state trademark registration
In addition to federal trademarks, Alabama maintains a state trademark registry through the Secretary of State's office. An Alabama state trademark registration provides protection within Alabama only — it does not give you nationwide rights like a federal registration.
Filing for an Alabama state trademark costs $30 per class of goods or services. It's a reasonable step for businesses that only operate in Alabama and want some protection without the cost of federal registration, but most businesses with a valuable brand name pursue federal registration for the broader protection it provides.
| USPTO TESS (federal) | Free. Covers all federally registered trademarks and pending applications. Go to tess.uspto.gov. |
| Alabama SOS search | Free. Covers Alabama state-registered business names only. Does not search trademarks. |
| Alabama state trademark | $30/class. State-level protection only. Filed with Alabama SOS. |
| Federal trademark registration | $250–$350/class filing fee. Nationwide protection. Takes 8–12 months to process. |
| Professional trademark search | $300–$800. Comprehensive search through an IP attorney or service. |
What to do if your name is already trademarked
Finding an existing trademark on your desired name doesn't necessarily mean you can't use it — but it does require a careful analysis:
- Check the trademark class — if the registered trademark is in a completely different industry, you may be able to use the name in your class without conflict. Consult an IP attorney to evaluate the specific overlap.
- Assess geographic use — if the trademark holder only uses the name in a limited geographic area and doesn't have federal registration, your rights may be defensible depending on your location and use.
- Modify the name — adding a distinctive word, location, or descriptor can create enough differentiation to avoid infringement. "Smith Plumbing" and "Smith's Professional Plumbing Services of Huntsville" are more distinguishable.
- Choose a different name — the safest and cleanest option when a strong trademark exists in your industry. Brand names are worth protecting — start with one that's truly available.