How do i do a trademark search?

What a trademark search is

A trademark is a word, phrase, symbol, or design that tells people who makes or offers a product or service. A trademark search is a check for marks that may be similar to yours.

The goal is to spot possible conflicts before you spend time and money on filing. In the US, trademarks are handled through the USPTO, the United States Patent and Trademark Office. You can search the USPTO database yourself, or ask a licensed trademark attorney for help.

A good search looks at more than exact matches. It also looks at similar spellings, sound-alike names, close designs, and related goods or services.

Start with a basic search

Begin with free public searches. The USPTO has a database called TESS, the Trademark Electronic Search System, where you can look up registered and pending marks. You can also search the internet, app stores, domain names, social media, and state business records.

Use several versions of your name. Try singular and plural forms, common misspellings, abbreviations, and words that sound alike. If you are searching a logo, look for marks with similar visual features, not just the same words.

This first pass helps you see obvious issues. It is useful, but it is not the same as a full clearance search.

Look for more than the exact name

Trademark review is about likelihood of confusion, which means whether people might think two brands come from the same source. A similar name in the same field can be a problem even if the spelling is not identical.

Also check the goods or services. A name used for clothing may be different from the same name used for software or food. The same mark can sometimes exist in different markets if customers are unlikely to confuse them.

This is why a search should include the product or service description, not only the name itself.

Know what a search can and cannot tell you

A search can help you find risk. It cannot tell you with certainty what the USPTO will do. The agency may still raise issues in an office action, which is a written notice from the USPTO explaining a problem with an application.

A search also may miss unregistered uses. In the US, some trademark rights can come from use in commerce, which means using a mark in the sale or advertising of goods or services, even before federal registration.

If you are trying to choose a brand name, this matters. A mark can have risk even when no federal registration appears in the database.

When to get help

If the mark is important to your business, or you are unsure about close matches, it can help to speak with a licensed trademark attorney. They can review the search results and explain possible issues in plain language.

FiledClaim is not a law firm and does not give legal advice. We help you find a licensed trademark attorney or other qualified IP professional, and the service is free for you. Participating professionals pay a flat marketing fee.

You can start with a short, non-confidential description of your brand or product idea, then use Get matched if you want help connecting with a professional.

A simple search checklist

If you want to do a first-pass search yourself, keep it simple and organized. Search the USPTO database, then widen the search to the web and business records.

Use this checklist:

• Search exact wording and common variations.
• Search similar spellings and sound-alike names.
• Search the same or related goods and services.
• Search for logos or design elements if your mark has a design.
• Write down anything that looks close so you can review it later.

If you want more general background on trademarks, patents, and copyrights, see our guides. If you are ready to talk with a professional, visit our services.