Trademark Search: What is It and How to Run One
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Quick Facts — Trademark Search Lawyers
- Lawyers available: 54 intellectual property lawyers
- Clients helped: 24 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
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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.
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Meet some of our Trademark Search Lawyers
John M.
John Mercer is a distinguished corporate counsel who is well-known for turning legal challenges into strategic assets. He possesses a deep understanding and expertise in intellectual property (IP), compliance, and corporate law, particularly in the pharmaceutical and biotechnology sectors. His proficiency lies in transforming legal complexities into strategic advantages, ensuring operational excellence, and driving innovation forward. John excels at safeguarding an organization's legal interests and integrity, ensuring operations adhere to the law. As a strategic leader, John excels at safeguarding an organization’s legal interests and integrity, ensuring operations adhere to the law. He also brings immense value to his profession through his skills in drafting, negotiating, and managing significant agreements that secure organizational interests with widespread industry impact. His unparalleled expertise in legal advisories significantly enhances compliance and develops risk management frameworks that protect and advance company ambitions. Moreover, John's command over patent and trademark portfolios, alongside his ability to drive innovation initiatives and design incentive schemes, substantially bolsters intellectual property prowess. John's areas of expertise are extensive, covering skills vital to corporate law, legal contract negotiations, material transfer agreements, and more. He is particularly adept in regulatory compliance, legal consulting, clinical trials, biotechnology, patents, and patent portfolio analysis, to name a few. His leadership is complemented by active listening, analytical thinking, problem-solving abilities, and other soft skills that make him a leader and visionary.
"Thank you John, I appreciate your very personal effort with quality and practicality in mind."
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."
Grace C.
Grace C.
I’m Grace E. Carlson, an intellectual property & transactional attorney, founder of aTMospheric IP, LLC, with over 6 years of combined law firm and in-house experience. I help businesses, startups, creators, and entrepreneurs draft, review, and negotiate commercial contracts while protecting their brands and innovations. My expertise includes SaaS agreements, MSAs, NDAs, licensing contracts, vendor and partnership agreements, as well as comprehensive trademark strategy, copyright matters, AI-related IP issues, and technology transactions. I’ve supported global companies including Robinhood, Iron Mountain, and Microsoft, and provided flexible in-house counsel through Axiom Law across fintech, SaaS, consumer goods, and data center industries. Known for translating complex legal issues into clear, practical solutions, I focus on delivering contracts that reduce risk, support go-to-market strategies, and scale with your business. Whether you need a custom SaaS agreement, trademark-integrated contracts, or AI compliance review, I provide responsive, business-minded counsel. Bar Admissions: Washington (2020) & Oregon (2021) J.D., Seattle University School of Law Let’s get your contracts and IP protections done right — efficiently and effectively.
"Grace was very easy to work with on this project. Extremely knowledgeable about the topic and gave great advice. Grace gave us a product that we are able to implement quickly! Thank you for your hard work!"
Ryenne S.
My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.
"Ryenne took her time to read through our lengthy purchase agreement with us and explained each section in detail. She also answered any questions I had along the way. Very satisfied with her knowledge and approach on our agreement."
William B.
Attorney based in Southern California (for in-person matters), taking clients globally/remotely for CA-specific and Federal legals needs. Owner and operator of Alchemist Attorney, Inc. (www.alchemistattorney.com).
"William B helped address my specific situation in a professional and prompt manner."
John L.
I have been practising law for over 30 years. I have extensive legal experience in contract disputes and drafting demand letters. I have been lead counsel in over 100 civil and criminal jury trials and have extensive litigation stradegy knowledge. I belive my experience would be of great benefit to any prospective client.
Yi S.
I am an attorney with 10 years of experience providing legal services in U.S. immigration. My comprehensive understanding of immigration regulations has achieved favorable outcomes and helped clients reach their goals. I handle a wide variety of immigration matters including family-based and employment-based non-immigrant and immigrant visas, with a specialization in business visas and particularly EB-5 investor visas, marriage-based petitions, and naturalizations among other immigration services. I am skilled in guiding companies and individuals through the complexities of U.S. immigration policies. Separately, I am licensed as a Florida Real Estate Sales Associate and have over 2 decades of experience with residential leasing, property management, contract work, and Homeowners Associations. I am adept at handling and resolving conflicts as well as facilitating real estate contracts and other transactions.
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Browse Lawyers NowLawyer Reviews for Trademark Search Projects
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
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.
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Trademark Search
Location: Florida
Turnaround: A week
Service: Prepare & File
Doc Type: Trademark search
Number of Bids: 5
Bid Range: $940 - $2,350
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