Why a Trademark Search Is Essential
A trademark search — also called a trademark lookup, trademark clearance search, or trademark availability search — is a critical first step before filing a trademark application. Conducting a thorough search before filing helps you identify existing trademarks that could conflict with your proposed mark, saving you from costly application refusals, rebranding expenses, and potential legal disputes.
The USPTO examines every trademark application for likelihood of confusion with existing registered marks and pending applications. If the examining attorney finds a conflicting mark, your application will be refused. A proper clearance search identifies these potential conflicts before you invest time and money in the registration process.
Types of Trademark Searches
Preliminary Knockout Search
A quick initial search of the USPTO trademark database (TESS — Trademark Electronic Search System) to identify obvious conflicts with existing registrations and pending applications. This search is useful as a first step to eliminate clearly unavailable names before investing in a more comprehensive search.
Comprehensive Clearance Search
A full trademark clearance search goes far beyond the USPTO database. Our attorney search across multiple databases and sources, including the USPTO federal trademark register, all 50 state trademark registers, business entity databases, domain name registrations, social media profiles, and common law sources. This comprehensive approach identifies potential conflicts that a simple federal database search would miss.
International Trademark Search
For businesses with international operations or ambitions, we can conduct trademark searches across international trademark databases including the WIPO Global Brand Database, European Union Intellectual Property Office (EUIPO), and individual country registers.
How to Search for a Trademark: The USPTO TESS Database
The USPTO maintains a public trademark database called TESS (Trademark Electronic Search System) that anyone can use to search for existing trademark registrations and pending applications. While TESS is a useful starting point, there are important limitations to understand:
- TESS only contains federal trademark registrations and applications — it does not include state registrations, common law marks, or unregistered marks.
- Searching TESS effectively requires knowledge of proper search techniques, including phonetic equivalents, design search codes, and Boolean operators.
- The likelihood of confusion analysis conducted by the USPTO is complex — two marks do not need to be identical to conflict, and the goods and services do not need to be exactly the same.
For these reasons, we strongly recommend having an experienced trademark attorney conduct your clearance search rather than relying solely on a DIY search of the USPTO database.
What Our Trademark Search Service Includes
- Comprehensive search of the USPTO federal trademark database including live, dead, and pending marks
- State trademark database searches across all 50 states
- Business entity and trade name searches
- Domain name availability research
- Common law and internet use searches
- Detailed written analysis and opinion letter from a licensed trademark attorney
- Clear recommendation on whether to proceed with registration
- Strategy discussion for addressing any identified conflicts
Trademark Name Search: Checking Name Availability
One of the most common trademark searches is a name availability search — checking whether a particular business name, brand name, product name, or company name is available for trademark registration. This type of search is essential before launching a new business, rebranding, or introducing a new product line.
When conducting a trademark name search, our attorney look for existing marks that are identical to or confusingly similar to your proposed name. This includes checking for phonetic equivalents (marks that sound similar), marks with similar meanings (foreign language equivalents), and marks used in connection with related goods or services.