How to Search Trademarks

A complete guide to searching, evaluating, and registering trademarks

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Step-by-Step Trademark Search Process

Follow these steps before investing in a brand name. Click each step to expand.

1Define Your Mark and Goods/Services▼

Before searching, clearly define:

The mark itself - the exact word, phrase, logo, or design you plan to use
The goods/services - what you will sell or provide under this mark
The Nice Class(es) - international classification categories (see reference below)

Trademark rights are specific to the goods/services identified. "Apple" for computers does not conflict with "Apple" for fruit.

2Search the USPTO TESS Database▼

The Trademark Electronic Search System (TESS) is the primary US federal database.

Go to tmsearch.uspto.gov
Use Basic Word Mark Search first for exact matches
Then try Word and/or Design Mark Search (Structured) for phonetic and design code queries
Search for the mark in both live and dead registrations (dead marks may still have common law rights)

Search tip: Use the wildcard * for partial matches. E.g., CLOUD* returns CLOUDY, CLOUDSCAPE, etc.

3Search Phonetic Equivalents▼

The USPTO will refuse marks that sound similar to existing ones, even if spelled differently.

Search alternate spellings: KOOL vs. COOL, LYFT vs. LIFT
Consider dropping or adding letters: FLICKR vs. FLICKER
Try homophones: KNIGHT vs. NIGHT, AIR vs. ERE
Search for abbreviations and acronyms of your mark

4Search Beyond Federal Registrations▼

Unregistered ("common law") marks can still block your registration.

Search state trademark databases (Secretary of State websites)
Search business name registrations
Search domain registrations (WHOIS lookup)
Search social media handles across platforms
Run a general web search for the mark + your industry
Search the WIPO Global Brand Database for international marks

5Evaluate Conflicts▼

When you find similar marks, assess the likelihood of confusion using these factors (DuPont factors):

Similarity of marks - appearance, sound, meaning, commercial impression
Similarity of goods/services - are they related or in the same channels of trade?
Strength of the cited mark - famous marks get broader protection
Actual confusion evidence - have consumers been confused?
Sophistication of buyers - expensive goods have more careful buyers

If there is a strong likelihood of confusion, choose a different mark or consult a trademark attorney.

6File Your Application▼

If your search comes back clear, file through the USPTO Trademark Center.

Choose between TEAS Plus ($250/class) or TEAS Standard ($350/class)
File based on use in commerce (already using the mark) or intent to use (plan to use)
Provide a clear specimen showing the mark in use (for use-based applications)
Identify goods/services precisely using the ID Manual if filing TEAS Plus

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Trademark Strength Spectrum

Not all marks are created equal. Stronger marks get broader legal protection. Click each level to learn more.

Generic

Descriptive

Suggestive

Arbitrary

Fanciful

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Evaluate Your Mark

Enter your proposed mark and answer a few questions to estimate its strength.

Proposed Mark Name Primary Nice Class

Does the mark directly describe your product or service?

Does the mark require imagination to connect it to your product?

Is the mark a made-up/coined word?

Is the mark a common English word used in an unrelated context?

Is the mark a generic term for this type of product?

Does the mark include geographic terms or surnames?

Have you already been using this mark commercially?

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Nice Classification Reference

The International (Nice) Classification organizes goods and services into 45 classes. Use the filter to find your class.

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Search Strategy Checklist

Track your search progress. Click each item to mark it complete.

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Common Grounds for Refusal

Section 2(d) Likelihood of Confusion

Your mark is too similar to an existing registered mark for related goods/services. This is the most common refusal.

Section 2(e)(1) Merely Descriptive

The mark directly describes a feature, quality, or characteristic of the goods/services. Can overcome with evidence of acquired distinctiveness.

Section 2(e)(2) Primarily Geographically Descriptive

The mark primarily describes the geographic origin of the goods/services. E.g., "California Oranges" for oranges from California.

Section 2(e)(4) Primarily Merely a Surname

The mark is primarily perceived as a surname. However, surnames can be registered with proof of acquired distinctiveness.

Section 2(a) Deceptive or Scandalous Matter

The mark includes deceptive, immoral, or scandalous matter, or falsely suggests a connection with a living person or institution.

Generic Cannot Be Registered

Generic terms for the goods/services can never be registered. E.g., "Computer" for computers, "Bicycle" for bicycles.

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Registration Timeline

Day 1

File Application

Submit via TEAS. Receive serial number and filing date.

2 - 3 Months

Assigned to Examining Attorney

USPTO assigns an attorney to review your application.

3 - 4 Months

Office Action (if any)

You have 3 months to respond to any objections raised.

4 - 5 Months

Published for Opposition

Mark appears in the Official Gazette for 30 days. Third parties may oppose.

7 - 12 Months

Registration Issued

If no opposition, the registration certificate is issued. For ITU applications, you must file a Statement of Use first.

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Cost Breakdown

Item	Cost
TEAS Plus filing (per class)	$250
TEAS Standard filing (per class)	$350
Statement of Use (ITU, per class)	$100
Extension of Time to File SOU (per class)	$125
Section 8 Declaration (years 5-6)	$225/class
Section 9 Renewal (every 10 years)	$300/class
Attorney fees (optional but recommended)	$500 - $2,000+
Typical total (1 class, no attorney)	$250 - $475