How to do a trademark search.
A free USPTO search is the right first step, and it shows federal filings only. A name that looks clear there can still conflict with a business that never registered, or with a mark that is similar without being identical.
Search the USPTO’s free Trademark Search system (which replaced the old TESS database in 2023) for your name, similar spellings and similar-sounding words, in the classes that cover your goods or services.
A USPTO search only shows federal filings. Before you invest in a brand, a comprehensive search also checks state registrations and unregistered use online and in marketplaces, which a free search misses.
How do I search trademarks on the USPTO website?
Use the USPTO’s Trademark Search system. Enter your word, then search its variations, such as plurals, misspellings, words that sound the same and the key word on its own. Check live and dead records, along with the goods and services each one covers.
For logos, search by words and by the design search codes that describe the image. Review every result that is similar in sight, sound or meaning and used for related goods.
What happened to TESS?
The USPTO retired TESS, its old Trademark Electronic Search System, at the end of November 2023 and replaced it with a new Trademark Search system on its website. The same data is searchable through a new interface with different search syntax.
How do I check if a name is already trademarked?
Search the USPTO database, your state’s trademark records and the web, including marketplaces, social handles and domain names. A name can be off-limits even if nobody has registered it, because trademark rights come from use.
What does a free trademark search miss?
It misses unregistered use and state registrations, along with marks that are similar without being identical. Applications are most often refused for likelihood of confusion with a similar mark, and a quick search for exact matches easily overlooks those.
Deciding what counts as “similar” takes judgment about sight, sound and meaning, the goods involved and how they are sold.
When do I need a comprehensive trademark search?
Get one before you spend money on a name, whether on packaging, inventory, a domain, a launch or a fundraise. A comprehensive search and an attorney’s opinion tell you how risky the name is before you’re locked in.
Modern Mark’s trademark registration packages include a comprehensive search report and an attorney opinion letter. See trademark registration.
More questions.
Q01Is the USPTO trademark search free?
Yes. The USPTO’s Trademark Search system is free to use.
Q02If my name is not in the USPTO database, is it safe to use?
Not necessarily. Someone may be using it without registering, or using something similar enough to cause confusion.
Q03Can I search trademarks by logo?
Yes, using the USPTO’s design search codes, which classify images by what they depict.
Keep reading.
Trademark Symbols (™ ® ℠)
When you can use ™ or ®, where the symbol goes and how to type it.
What Is a Trademark?
What counts as a trademark and how long the rights last.
Trademark Classes Explained
The 45 trademark classes and how to pick the ones that cover what you sell.
Cease-and-Desist Letters
What to do when you receive a trademark cease-and-desist letter, and how to send one.
Trademark Registration
A clearance search and strategy before a USPTO filing that holds up.
Trademark Enforcement
Cease-and-desist letters, takedowns, UDRP, cancellations and monitoring.
Copyright
Copyright registration, DMCA takedowns when work is copied, and licensing.
Business Contracts
Custom contracts designed to hold up.
Business Formation
The right entity, filed correctly, in nearly any state.
Marketing Compliance
FTC and FDA review of ads, product claims and influencer deals.
Fractional General Counsel
A lawyer on speed-dial, without a full-time hire.
Trademark Monitoring
A year-round watch for copycat filings, with monthly attorney reviews.
Trademark Licensing & Monetization
Licensing, assignments, franchising and co-branding deals that turn a brand into income.
Business Legacy & Estate Planning
Plan who owns and runs the business, and the brand, after you.
IP Litigation
Trademark, copyright and trade secret disputes, taken to court when a letter isn’t enough.
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