Patent & trademark search

Why search comes first (before you spend on filings)

In the US, a patent and a trademark are not automatic. Before you file, it helps to check what already exists so you can spot risks early.

A prior-art search looks for earlier technical information related to your invention. Prior art can include published applications, patents, journal articles, products, and other public disclosures.

A trademark search checks whether similar marks are already used or registered. This helps you avoid conflicts that can block your application.

Patent search: what it can tell you—and what it can’t

A patent search is usually focused on prior art. It may identify documents that appear similar to your invention and highlight differences.

A search can help answer practical questions like:
- Is your idea likely to be new compared to what’s publicly available?
- Are there earlier inventions that cover similar features?
- Are there terms you should use to describe your technology more clearly?

What it can’t guarantee: a search cannot tell you with certainty whether the USPTO (the United States Patent and Trademark Office) will approve your claims. Search results are only a starting point. An examiner may find additional references, interpret the invention differently, or raise issues not covered by the initial search.

Trademark search: what it can tell you—and what it can’t

A trademark search typically checks for confusingly similar marks and related classes of goods or services. In the US, trademark applications are examined based on likelihood of confusion and other legal requirements.

A search may help you:
- See whether similar marks already exist (registered or pending)
- Understand how similar wording or branding may be viewed
- Refine your wording, logo description, or service/category choices

What it can’t guarantee: even a careful search cannot guarantee registration. Trademark outcomes depend on how the USPTO applies the law, the specific description of goods/services, and how examiners compare marks.

How we help you get a professional search (free matching)

FiledClaim is a free service that helps you understand US IP basics and get connected with a licensed patent or IP professional. We do not provide legal advice. We also do not guarantee results.

To match you with the right professional, we collect contact details and a short, non-confidential description of what you want to search (for example: the invention area or the proposed brand). We don’t ask for SSNs, ITINs, immigration status, or financial account information.

Next, we help you find a licensed professional to run a search. Pricing for professional work varies by case, but many professionals offer clear, flat-fee options for search and related reports. If you have questions about scope, timing, or costs, ask before work begins. For the search process, see also how it works.

What to prepare before you start the search

You’ll get better results when the searcher has enough context to understand what you’re trying to protect—without needing trade secrets. Before you request a search, prepare general information such as:

• For a patent search: the general function of your invention, the main features you believe are important, and the field/industry.
• For a trademark search: the proposed brand text (exact wording), whether it’s for goods or services, and a plain-language description of what you sell.

If you already have a draft description of your invention or a logo version, share the parts that are non-confidential. Avoid sharing sensitive details that aren’t needed for a search.

If you want to explore related steps, visit services and then get matched.