Trademark Search: What is It and How to Run One
Jump to Section
Quick Facts — Trademark Search Lawyers
- Lawyers available: 65 intellectual property lawyers
- Clients helped: 36 recent trademark search projects
- Avg lawyer rating: 5.0 (6 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
Samuel R.
My career interests are to practice Transactional Corporate Law, including Business Start Up, as well as Real Estate Law, Estate Planning Law, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Business Transactional Agreements, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the Super Lawyers Southwest Rising Stars list for 2024 - 2026. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, and also trademark registration and licensing.
"Sam was awesome to work with, super helpful, knowledgeable, and professional. Highly recommend."
Heather B.
Heather B.
Delivering proactive and strategic guidance to health and fitness professionals and entities as they scale.
"Heather reviewed a six-product SaaS family that shares one set of terms: five legal questions plus a full drafting scope for a new penetration-testing product, all for a flat fee. The memo was thorough and practical, with insertable language for every question, and the Probe drafting covered everything we asked for. Her revision round caught a real conflict between two remedy clauses that we would have missed. She was clear about the limits of her engagement up front and held to the scope she quoted. The language is now live across five products. Recommended for SaaS terms work."
Diana M.
Diana is a registered patent attorney and licensed to practice law in Florida and in federal courts in Florida and in Texas. For nearly a decade, Diana has been known as the go-to brand builder, business protector, and rights negotiator. Diana works with individual inventors, startups, and small to medium-sized closely held business entities to build, protect, and leverage a robust intellectual property portfolio comprising patents, trademarks, copyrights, trade dress, and trade secrets.
"Diana was professional, thorough and a delight to work with. I will be a repeat customer. --Tom"
Nichelle W.
Nichelle W.
I help business owners, founders, employers, athletes, creators and families get contracts and legal documents done right the first time, at a flat fee agreed before any work starts. I am licensed in Florida (2021) and Washington, D.C. (2022). I practice as a business and contracts attorney and outside general counsel with Amethyst Law Group, and previously served as Florida Managing Attorney at Lento Law Group. Before that I sat on the business side of the table as General Manager and General Counsel of a professional basketball organization and as Deputy Commissioner of a start-up sports league, so I have negotiated, drafted and enforced the same agreements I now prepare and review for clients: sponsorship and vendor deals, player, coaching and staff contracts, employment and independent contractor agreements, licensing and brand deals. What I handle on ContractsCounsel: - Contract drafting, review and redlining: service agreements, MSAs, NDAs, vendor and supplier agreements, sponsorship, licensing, endorsement and brand deals - Business formation and governance: LLCs and corporations, operating agreements, bylaws, partnership and shareholder agreements, founder and equity arrangements - Employment and hiring: offer letters, employment agreements, independent contractor agreements, non-compete and confidentiality agreements, separation and severance agreements, handbooks and policies - Sports, entertainment and creator agreements: athlete representation, NIL, sponsorship, appearance, management and agency agreements (licensed FIBA agent) - Real estate: purchase and sale agreements, residential and commercial leases, contract review before you sign - Wills, trusts, powers of attorney and estate planning documents - Demand letters, cease and desist letters and pre-dispute contract enforcement - Ongoing outside general counsel support for small and growing businesses How I work: Every project starts with a fixed price and a delivery date you can plan around. You receive a plain-English summary of what the document does, what I changed and why, and any risks you should know about, not just a marked-up file. Two rounds of revisions are included so the final draft is exactly what you need, and I respond to messages the same business day. Credentials: J.D., Nova Southeastern University Shepard Broad College of Law, summa cum laude, top 5% of class, Senior Editor of the Southern Journal of Policy and Justice, Dean's Certificate of Professionalism, 300+ pro bono hours; M.S. Forensic Psychology (4.0 GPA); M.S.Ed. Sports Administration, University of Miami; B.A. English Language and Literature, Southern New Hampshire University. Recognized as an Elite Lawyer recipient. Malpractice insurance carried. Litigation background: first-chair trial attorney with experience in business, employment, real estate, consumer protection and family matters. I draft every contract with a clear view of how it will hold up if it is ever tested.
"I had a great experience working with Nichelle! She was knowledgeable, clear, helpful and flexible throughout the process. She was able to work with my timeline and explain legal issues in an easily understandable way. I would recommend her services."
Stephen R.
Steve Reich is licensed to practice in both New York and Massachusetts and is based in Boston. He assists with environmental litigation and other complex litigation and heads the firm's intellectual property practice, including copyright and trademark registration and protection. Other practice areas include commercial contract drafting and civil litigation.
"Responsive. Got the letter out on a short notice and received a desired response."
Anatalia S.
High quality work product at affordable prices.
"It was a pleasure working with Anatalia, she has an eye for details and did a great job reviewing and revising my documents"
August 25, 2020
Rinky P.
Rinky S. Parwani began her career practicing law in Beverly Hills, California handling high profile complex litigation and entertainment law matters. Later, her practice turned transactional to Lake Tahoe, California with a focus on business startups, trademarks, real estate resort development and government law. After leaving California, she also served as in-house counsel for a major lending corporation headquartered in Des Moines, Iowa as well as a Senior Vice President of Compliance for a fortune 500 mortgage operation in Dallas, Texas prior to opening Parwani Law, P.A. in Tampa, Florida. She has represented various sophisticated individual, government and corporate clients and counseled in a variety of litigation and corporate matters throughout her career. Ms. Parwani also has prior experience with state and federal consumer lending laws for unsecured credit cards, revolving credit, secured loans, retail credit, sales finance and mortgage loans. She also has served as a special magistrate and legal counsel for numerous Florida County Value Adjustment Boards. Her practice varies significantly from unique federal and state litigation cases to transactional matters. Born and raised in Des Moines, Iowa, Ms. Parwani worked in private accounting for several years prior to law school. Her background includes a Certified Public Accountant (CPA) certificate from Iowa (currently the license is inactive) and a Certified Management Accountant (CMA) designation (currently the designation is inactive). Ms. Parwani or the firm is currently a member of the following organizations: Hillsborough County Bar Association, American Bar Association, Tampa Bay Bankruptcy Bar Association, National Association of Consumer Bankruptcy Attorneys, and the American Immigration Lawyers Association. She is a Fellow of the American Bar Association. Ms. Parwani is a frequent volunteer for Fox Channel 13 Tampa Bay Ask-A-Lawyer. She has published an article entitled "Advising Your Client in Foreclosure" in the Stetson Law Review, Volume 41, No. 3, Spring 2012 Foreclosure Symposium Edition. She is a frequent continuing legal education speaker and has also taught bankruptcy seminars for the American Bar Association and Amstar Litigation. She was commissioned by the Governor of Kentucky as a Kentucky Colonel. In addition, she teaches Immigration Law, Bankruptcy Law and Legal Research and Writing as an adjunct faculty instructor at the Hillsborough Community College Ybor campus in the paralegal studies program.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Trademark Search Projects
Trademark Search and Registration for BRACHI
"Was extremely helpful and did an amazing job!"
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
USPTO Filing
"Dan has been great, I will definitely work with him again."
ContractsCounsel User
Trademark Search
"Excellent and thorough every step of the way!!"
ContractsCounsel User
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.
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.
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 Search
Location: Florida
Turnaround: A week
Service: Prepare & File
Doc Type: Trademark search
Number of Bids: 5
Bid Range: $940 - $2,350
User Feedback:
ContractsCounsel User