How to Search Trademarks
A complete guide to searching, evaluating, and registering trademarks
Step-by-Step Trademark Search Process
Follow these steps before investing in a brand name. Click each step to expand.
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.
The USPTO Trademark Search system is the primary US federal database. It replaced the older TESS interface, so guides that tell you to pick between TESS search modes are out of date.
- Go to tmsearch.uspto.gov
- Start with a plain search for the exact wording of your mark
- Then narrow with field tags, which let you target one part of a record, and with design search codes for logos. USPTO publishes handouts for field tag searching, including regular expressions, on its search page
- Search for the mark in both live and dead registrations (dead marks may still have common law rights)
Search tip: signing in to your USPTO.gov account before searching avoids errors when the system is under heavy traffic, and the search syntax supports regular expressions — see USPTO's field tag handouts for the exact form.
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
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
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.
If your search comes back clear, file through the USPTO Trademark Center.
- The base filing fee is $350 per class of goods or services. Two classes means $700 — the fee is charged per class, not per application
- 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)
- Pick your goods and services from the Trademark ID Manual. Typing your own description into the free-form box adds $200 per class, and every extra 1,000 characters beyond the first adds another $200
Trademark Strength Spectrum
Not all marks are created equal. Stronger marks get broader legal protection. Click each level to learn more.
Evaluate Your Mark
Enter your proposed mark and answer a few questions to estimate its strength.
Nice Classification Reference
The International (Nice) Classification organizes goods and services into 45 classes. Use the filter to find your class.
Search Strategy Checklist
Track your search progress. Click each item to mark it complete.
Common Grounds for Refusal
Your mark is too similar to an existing registered mark for related goods/services. This is the most common refusal.
The mark directly describes a feature, quality, or characteristic of the goods/services. Can overcome with evidence of acquired distinctiveness.
The mark primarily describes the geographic origin of the goods/services. E.g., "California Oranges" for oranges from California.
The mark is primarily perceived as a surname. However, surnames can be registered with proof of acquired distinctiveness.
The mark includes deceptive, immoral, or scandalous matter, or falsely suggests a connection with a living person or institution.
Generic terms for the goods/services can never be registered. E.g., "Computer" for computers, "Bicycle" for bicycles.
Registration Timeline
Cost Breakdown
| Item | Cost |
|---|---|
| Base application filing (per class) | $350 |
| — surcharge: insufficient information (per class) | +$100 |
| — surcharge: free-form description instead of ID Manual (per class) | +$200 |
| — surcharge: each extra 1,000 characters of free-form text (per class) | +$200 |
| Statement of use or amendment to allege use, intent-to-use (per class) | $150 |
| Extension of time to file statement of use (per class) | $125 |
| Five-year declaration of use, Section 8 (per class) | $325 |
| Combined Section 8 and Section 15 declaration (per class) | $575 |
| 10-year renewal combined with five-year declaration, Section 8 and 9 (per class) | $650 |
| Attorney fees (optional but recommended) | $500 - $2,000+ |
| Minimum to file one class, no attorney | $350 |
Official Resources
Frequently Asked Questions
Further reading
Free trademark search guide. Learn how to use the USPTO Trademark Search system, evaluate conflicts, and protect your brand name step by step.
Related tools
What this page assumes, and where it stops
Jurisdiction
United States law generally. Requirements differ by state, and this page does not cover other countries except where a source says so.
Assumptions
- Only what you enter on this page is used. Personal circumstances, exemptions, and special cases are not applied.
- Results are estimates for orientation, not determinations.
- Everything runs in your browser. Nothing you type is sent to a server.
Where you should not rely on this
This is a starting template, not legal advice, and using it does not create an attorney-client relationship. Requirements differ by state and by country, and some documents must be witnessed or notarized to be valid at all. Have a licensed attorney in your jurisdiction review anything you intend to rely on.
Official sources
Page reviewed 2026-09-04 · rules current as of that review were not independently verified against every jurisdiction · next review scheduled annually