Trademark Search: What is It and How to Run One
Jump to Section
Quick Facts — Trademark Search Lawyers
- Lawyers available: 47 intellectual property lawyers
- Clients helped: 18 recent trademark search projects
- Avg lawyer rating: 5.0 (2 reviews)
What Is a Trademark Search?
A trademark search is a database search, usually conducted on the United States Patent and Trademark Office website, to determine whether a trademark is currently used in commerce. Trademarks are designs, words, phrases, logos, sounds, scents, or expressions that represent a company. Trademarks are considered intellectual property and should be protected.
If two trademarks for two separate companies are too similar, consumers will be confused and not know which goods are from which company. For this reason, there are laws in place that protect registered trademarks from being duplicated and prevent consumer confusion.
If a company would like to register a trademark, they first must search to make sure their design is not too similar to any other company’s trademark.
Trademark searches can be broken down into two types of searches. A “knock-out search” and a “full search”.
Knock-out Search: This is a preliminary search conducted by the applicant to identify any potential conflicts with existing trademarks. This search can include the Federal Trademark Register through USPTO. This will help you determine whether the trademark will be accepted during the trademark registration application process.
A knock-out search will search trademarks that are registered and that have been applied for but not yet registered. This search will show identical or close matches for the trademark.
Full Search: A full search is completed by a searching firm that will use specialized computer software to run and extensive trademark search. Some full searches can also be done manually by an intellectual property lawyer or trademark lawyer. Search results will include identical trademarks as well as close variations of the trademark. These reports can sometimes be hundreds of pages long and after they are compiled into a search report, an intellectual property lawyer or a trademark lawyer will review the results.
How Do I Run a Trademark Search?
It is good practice to run a preliminary search on your own before consulting with a professional. It is common to have your first or even second choice of trademark already registered and being used. If you can determine this with your own search, you will get more value from a professional when it is time to dig deeper.
To conduct a trademark search on the United States Patent and Trademark Office website, follow these steps:
Step 1: Go to the USPTO website. You will want to navigate to the USPTO website then find the Trademark Electronic Search System which is abbreviated as “TESS”. This can be found in the “tools” section.
The search system will only allow a certain number of users to run searches at a time. If you wait too long, you will be logged out of this page and will have to start again.
Step 2: Select your search option. Once you have logged onto TESS, you will select a search option. You can choose from the following options:
- Basic Word Mark Search
- Word and/or Design Mark Search (Structured)
- Word and/or Design Mark Search (Free Form)
- Browse Dictionary
- Search OG Publication Date or Registration Date
It is recommended you use the Word and/or Mark Search (Free Form) because it provides the most search flexibility.
Step 3: Determine your search terms. You will now have to enter your mark into the “search term” box. Start with your exact mark first to see if you get an exact match and can eliminate that option for a trademark.
You will want to be sure that phrases are in quotes to narrow your search results. If you don’t have quotes, the search engine will return results for all words individually in the phrase rather than the phrase as a whole.
Step 4: Be thorough. When you submit a trademark application, your mark will be denied depending on the likelihood of confusion” with another registered mark. This means that you will not only have to search for your exact trademark, but also for any related trademarks that are too similar. You can do this by searching variations of your trademark. Try different spelling, abbreviations, and plurals.
Step 5: Expand your search to partial matches. If you haven’t found a direct knock-out yet, expand your search. You can use a prefix and postfix truncation search to see if the words in your mark turn up any partial matches. Remember these tips when searching for variations of your trademark:
- Foreign words may have different spellings
- Proper Names can be spelled in many ways
- Check for vowel and consonant substitutions (using a “K” instead of a “C”)
- Check for word and number substitutions
- Look for common abbreviations (“EZ” instead of “easy”)
- Use “$” or “?” in your search to represent optional characters
CC verified
Step 6: Review your records. After running all of your various searches, narrow down the results and review them. The TESS system will provide a summary list of records found. This summary will provide you with the record number, serial number, registration number, word mark, TARR, and whether the mark is “live” or “dead”, for each of your search results.
For each of your results you will be able to view the following information:
- Image: This is the image of the trademark or pure word trademark
- Word Mark: Any words included in the trademark
- Translation: If the trademark is in a foreign language, it will be translated to English
- Pseudo Mark: USPTO refers to any misspelling of a common word as a pseudo mark
- Goods and Services: This is a list of all the goods and services associated with the trademark
- Mark Drawing Code: Information about the type of drawing like design only, design plus words, or stylized characters
- Design Search Code: 6-digit codes to categorize design elements
- Serial Number: Unique to each trademark
- Filing Date: Date the application was filed
- Filing Basis: Which law the application was filed under, this can include use in commerce, intent to use, foreign application, foreign registration, or Madrid protocol
- Owner: First and last name and address of the owner of the trademark
- Attorney of Record: The attorney associated with the trademark registration
- Type of Mark: A trademark can be listed as a trademark, service mark, collective mark, or certification mark
- Register: A trademark is either principal or supplemental
- Live/Dead: Indicates if the trademark is currently in use
Checking For Trademarked Names
There is no search engine or one place to search for conflicting business names. Often, a business will just start using a trademark whether it is registered or not. However, there are a few different ways you can search the internet for the same or similar business names.
National Trademark Searches
To run a national trademark search, use the USPTO search engine available on the USPTO website. You can enter your desired business name into the search field to find results of exact or similar names already registered.
State Trademark Searches
Local state and county searches can be done on your state’s division of corporation’s website and sometimes even a county clerk website. You can search corporations and fictitious names to see if any other businesses in your state have a similar name.
Analyzing Search Results
When you search the federal database for registered trademarks, it is common to turn up hundreds of results. It is important to narrow this search to effectively identify trademarks that are relevant to your potential trademark.
This requires that each search result be analyzed for similarities in sound, appearance, meaning, and trade channels used for the trademark. After analyzing all these qualities, it can be determined whether your proposed trademark will infringe on an already registered trademark.
It is common for an intellectual property lawyer to analyze the results of the search and make a determination and recommendation about the proposed trademark.
Image via Pexels by Guillaume
Who Needs a Trademark Search?
Any person who is applying for a registered trademark needs to conduct a trademark search. The most common reason that a trademark application is denied is due to the proposed trademark being too similar to an already registered trademark.
Furthermore, anyone who plans on using a trademark, even unregistered for business should conduct a trademark search. Trademarks are protected as intellectual property and using a trademark that copies or is too similar to a registered trademark can leave a person open to a lawsuit.
Conducting a thorough trademark search will help ensure an applicant is approved for trademark registration and protect a business from infringing on another business’s intellectual property.
Get Help with A Trademark Search
Do you have questions about conducting a trademark search and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from intellectual property lawyers and trademark lawyers who specialize in trademark searches.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Request a Trademark Search
Meet some of our Trademark Search Lawyers
Dan "Dragan" I.
I received a bachelor’s degree in philosophy from Northwestern University in 1996 and then got my JD at University of Illinois College of Law in 1999. I have been a lawyer helping people with legal issues in the United States and Internationally since then. That includes drafting and reviewing contracts. I am also passionate about helping small and medium businesses with trademark registration and trademark-related legal projects. The law can be confusing and complicated for people, and I am passionate about providing professional legal services to my clients while simultaneously making the legal process less confusing and stressful for them. My goal is to help clients navigate through both good and difficult times by tailoring my skills, experience, and services to their specific needs.
"Dan preformed excellent with researching and applying for a trade mark. The attention to detail and time to complete the work was exactly what we needed. When you need the task completed right and on time use Dan, he gets it done."
Donya G.
Donya G.
I am a New York and Connecticut–licensed contracts attorney with over 25 years of legal and business experience. I focus on drafting, reviewing, and negotiating commercial agreements, advising small businesses and international brokerage firms — particularly in eCommerce acquisitions. My practice includes asset purchase agreements, master services agreements, operating agreements, employment agreements, and a broad range of commercial contracts, as well as merchant services defense, breach of contract matters and arbitration. I have served as General Counsel to small businesses, a Vice President at an investment bank, a Civil Court Arbitrator and Hearing Officer, and a Judicial Clerk to a Civil Court Judge. My combined legal and business background enables me to deliver practical, strategic counsel tailored to each client’s objectives.
"Donya was an amazing partner and was very patient and diligent in dealing with the APA and OA. I highly recommend her as she knows her stuff, is confident, and always has your back."
Michael M.
www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 and 2023, I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and number of 5 Star reviews.
"Michael's expertise and judgment impressed me. I brought him in for contract advisory work, and he quickly asked the questions I hadn't considered, identified the risks that mattered, and set aside the ones I had wrongly prioritized. He changed how I understood the contract. He is an excellent advisor - highly recommended."
Ayelet F.
Ayelet G. Faerman knows what influencers mean to brands today. With experience as legal counsel for a beauty brand for over 5 years, and overseeing multiple collaborations, Ayelet has experienced the rise of influencer marketing. As the founder and managing partner of Faerman Law, PA her practice focuses on influencer relations including a specialization in contract negotiations.
"Professional, pleasant to work with and excellent communication. Would highly recommend Ayelet!"
Benjamin E.
Benjamin is an attorney specializing in Business, Intellectual Property, Employment and Real Estate.
"Benjamin E was very easy to work with and would recommend him."
November 4, 2022
Jonathan R.
Jonathan Rudolph is an experienced litigator who has been admitted to the state and federal bars of New Jersey since 1991. He is a graduate of Cornell University and Rutgers University School of Law—Newark and the Justice Morris Pashman American Inn of Court. During the nearly four years he served as a Deputy Attorney General in the Division of Law for the State of New Jersey, Mr. Rudolph successfully prosecuted cases under the New Jersey Consumer Fraud Act. Mr. Rudolph practices civil law, primarily litigating matters that include the following: civil; commercial; complex commercial; business disputes; and probate litigation, including will contests. He also offers services for preparing wills, trusts, powers of attorney, advance care directives. In the technology sector, Mr. Rudolph can manage and conduct ediscovery review and management. He also has an extensive background in the implementation and use of technology to ensure statutory regulatory, and internal compliance in multiple industries, particularly as such conduct relates to privacy laws in the U.S. and E.U. and for financial services. He has been recognized as a subject matter expert in regulatory compliance, surveillance, and supervision and is one of the three inventors on U.S. Patent US11336604B2, which governs techniques for supervising communications from multiple communication modalities.
May 12, 2021
Robert D.
I am a general practice lawyer with 21 years of experience handling a wide variety of cases, both civil and criminal
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Trademark Search Projects
Trademark Search
"Excellent and thorough every step of the way!!"
ContractsCounsel User
Search, Prepare & File Tradmark Paperwork
"Dan preformed excellent with researching and applying for a trade mark. The attention to detail and time to complete the work was exactly what we needed. When you need the task completed right and on time use Dan, he gets it done."
ContractsCounsel User
Intellectual Property
Trademark Search
Florida
Is a trademark search necessary before registering my business name?
I am in the process of starting my own business and have chosen a unique name for it, but I am unsure if it is necessary to conduct a trademark search before officially registering the name. I want to ensure that my chosen business name does not infringe upon any existing trademarks and that I can safely use and protect it in the future.
Randy M.
Running a trademark search before registering your business name isn’t legally required, but it’s one of the most important steps you can take to avoid future problems. Registering your name with the state forms your business entity, but it doesn’t give you trademark rights. Trademark rights come from use in commerce and, if you file with the USPTO, registration at the federal level. Why a Trademark Search Matters The central legal test in trademark law is whether a name is likely to cause consumer confusion. That means you don’t need to copy someone else’s name exactly to get into trouble. Even something that looks or sounds similar in the same or related industry could be enough. If you skip the search and move forward, you risk: • Infringement claims: Another company could demand you stop using the name and, if necessary, sue for damages. • Forced rebranding: If you’ve already invested in your logo, website, signage, or marketing materials, being forced to change your name can be expensive and disruptive. • USPTO rejection: If you apply for a federal trademark, the USPTO will run its own search. If they find a confusingly similar mark, your application will be denied and you’ll lose the filing fees. A well-documented example is when small businesses open under a catchy name, only to receive a cease-and-desist letter from a national chain using a similar name in the same space. Even if you’re in a different state, a federal registration gives that company priority rights nationwide. A proper trademark clearance search should cover more than just identical names. You’ll want to check: • Federal database (USPTO TESS): This is the official record of all registered and pending federal trademarks. • State trademark databases: Many businesses register marks only at the state level. • Common law sources: Unregistered marks can still have legal protection. Check Google, industry directories, social media, and domain names. • Similar variations: Look for phonetic equivalents and alternative spellings, such as “Kwik” for “Quick,” or slight wording changes that could still cause confusion. Professional Assistance You can run an initial search yourself at no cost, but these searches have limits. For example, the USPTO database won’t flag marks that are spelled differently but sound alike, or names with similar meanings. Attorneys and specialized search firms use tools that uncover those kinds of risks. While hiring a professional costs more upfront, it’s often far cheaper than litigation or a rebrand. Limitations A search doesn’t guarantee that your name will never be challenged. Trademark law involves judgment calls about how similar marks are and whether they overlap in goods or services. Still, a thorough search puts you in a much stronger position to defend your choice and move toward federal registration if you want nationwide rights.
Trademark
Trademark Search
New York
Can you explain the process of conducting a trademark search and its importance for my business?
I am in the process of starting a new business and want to ensure that the name and logo I have chosen are not already trademarked by someone else. I have heard about the importance of conducting a thorough trademark search to avoid potential legal issues down the line. I would like to understand the steps involved in conducting a trademark search, the resources available for conducting one, and the potential consequences of not conducting a search before using a trademark.
Danny J.
I'd be happy to explain the process of conducting a trademark search and its critical importance for your new business venture. This is a crucial step in protecting your brand and avoiding potential legal pitfalls. Here's a brief overview of the trademark search process: 1. **Preliminary Search** - Start with a basic online search using search engines and social media platforms - Check the USPTO's Trademark Electronic Search System (TESS) for existing federal trademarks 2. **Comprehensive Search** - Expand your search to state trademark databases - Look for common law trademarks (unregistered but in use) - Consider international databases if you plan to operate globally 3. **Analysis of Results** - Evaluate the similarity of existing marks to your proposed trademark - Assess the likelihood of confusion in the marketplace 4. **Decision Making** - Determine if your desired trademark is available or if modifications are needed The importance of a thorough trademark search cannot be overstated. It helps: - Prevent potential infringement claims - Save time and resources in rebranding if conflicts are discovered later - Strengthen your trademark application if you decide to register While it's possible to conduct a basic search on your own, the process can be complex and time-consuming. Interpreting the results requires a deep understanding of trademark law and precedents. Overlooking a similar mark or misinterpreting search results could lead to significant legal and financial consequences. Given the complexities involved and the potential risks to your new business, it's often advisable to consult with a trademark attorney. A professional, like myself, can provide a comprehensive search, offer expert analysis of the results, and guide you through the next steps, whether that's proceeding with registration or exploring alternative options. Would you like more detailed information on any specific aspect of the trademark search process or how professional assistance could benefit your particular situation? Feel free to reach out to me.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewRequest a Trademark Search
Intellectual Property lawyers by top cities
- Austin Intellectual Property Lawyers
- Boston Intellectual Property Lawyers
- Chicago Intellectual Property Lawyers
- Dallas Intellectual Property Lawyers
- Denver Intellectual Property Lawyers
- Houston Intellectual Property Lawyers
- Los Angeles Intellectual Property Lawyers
- New York Intellectual Property Lawyers
- Phoenix Intellectual Property Lawyers
- San Diego Intellectual Property Lawyers
- Tampa Intellectual Property Lawyers
Trademark Search lawyers by city
- Austin Trademark Search Lawyers
- Boston Trademark Search Lawyers
- Chicago Trademark Search Lawyers
- Dallas Trademark Search Lawyers
- Denver Trademark Search Lawyers
- Houston Trademark Search Lawyers
- Los Angeles Trademark Search Lawyers
- New York Trademark Search Lawyers
- Phoenix Trademark Search Lawyers
- San Diego Trademark Search Lawyers
- Tampa Trademark Search Lawyers
ContractsCounsel User
Trademark on brand/business name
Location: North Carolina
Turnaround: Over a week
Service: Prepare & File
Doc Type: Trademark search
Number of Bids: 7
Bid Range: $300 - $2,000
ContractsCounsel User