How to Do a Trademark Search in 5 Simple Steps

If you've brainstormed a name for your new business for months, you probably can't wait to unveil the logo and debut your latest enterprise. First, though, it's a good idea to check whether the name is taken. If you don't conduct a trademark search early in the process and you learn later that your business name is already in use, it can cost you both professionally and financially.

5 steps to conduct a trademark lookup

You can carry out a trademark search by searching the United States Patent and Trademark Office (USPTO) trademark database, searching for unregistered businesses, searching designs and logos, and searching international trademark databases. 

Step 1. Initial search

The best way to conduct a trademark search is to think like the trademark examiner. The USPTO is going to look at the trademark as you present it. Examiners will try to look at your trademark as a member of the public would. Will it stand out from all the other trademarks as identifying goods or services coming from you? Make sure to use a good sample of your brand and look closely at all the fields you may want to use it in. Then, take the time and go through the database.

All federally registered trademarks are cataloged in a database and searchable on the USPTO's website. Start with a trademark name search and see if anyone else is using your exact name, logo, or brand. If not, then you are going to have less trouble securing a federally registered trademark. If someone is, then you are going to have to look a bit closer.

You can perform a basic trademark search through the USPTO’s online trademark database. Use the drop-down menu to conduct a general search or search by wordmark, goods and services, owner, serial number, registration number, or mark description. You can also use the field tag and search builder feature to conduct a more advanced search. 

A basic search of the USPTO’s trademark database shows the trademark status of registered marks, the respective trademark classes, and inactive and active registrations for trademarks and applications. You can sort results by relevance, wordmark, class, or serial number. There are 45 trademark classes—34 for goods and 11 for services. 

Searching through the USPTO is free. The USPTO website provides tips on how best to search for a particular trademark on goods or services. 

Step 2. Detailed search

You should conduct a detailed search to ensure that your proposed trademark is unique. The USPTO may refuse your trademark registration on the grounds of potential confusion if your trademark is too similar to a trademark that is registered for a similar business. Trademarks that are too alike can cause consumer confusion about the source of the goods or services. 

In general, your trademark should not be similar to existing trademarks in any of the following ways: 

• Appearance. Make sure the design elements in your trademark are unique.
• Spelling. The spelling of your trademark should be different from that of other trademarks. 
• Sound. Pay attention to how your trademark is pronounced. Even if it is spelled differently from another trademark, you should make sure it is phonetically distinct. 

The USPTO also considers whether a trademark applies to related goods and services when deciding whether or not to approve a trademark registration. Different owners may be able to have similar or even identical trademarks as long as their goods and services are unrelated. 

You may need to use advanced search techniques or consult with an intellectual property law firm to determine whether your trademark is truly unique. A trademark attorney can perform a comprehensive clearance search to help you avoid having your trademark registration rejected due to likelihood of confusion.

Step 3. Unregistered search

Your next step is to search for unregistered trademarks. A common law trademark doesn't necessarily need to be registered with the USPTO. In some cases, a trademark is created by using a particular logo or service in commerce. It is free to have a common law trademark, but it has limited protection.

To conduct a thorough common law search, don't forget to do the following:

• Conduct a Google search using the possible names you may use for your business. Note what comes up in your particular industry.
• With web-based businesses, you can search for domain registrar names at Internet Corporation for Assigned Names and Numbers (ICANN).
• Check your state trademarks through the Secretary of State Office to determine if yours is registered.
• Check a business listing site like Superpages to determine if certain listings are already in use.

Step 4. Design search

You can use the USPTO Design Search Code Manual for logo and image searches. The USPTO’s design search codes can help you find specific design elements, such as images of animals or food. 

Once you’ve found the numerical codes for each of your design elements, you can search each design code to find trademarks that have comparable designs. You can then narrow search results by combining design codes to find trademarks that share more than one design element with your logo.  

You can also use text descriptions to search the database for trademarks with similar design elements.

Step 5. International considerations

You should conduct a comprehensive clearance search to make sure your trademark is not already in use, especially if you are doing business internationally. A clearance search involves checking multiple resources to see if your trademark conflicts with any existing trademarks and clearing it of any conflicts. 

To perform a clearance search, you can check the following trademark registries for similar trademarks:

• The USPTO trademark database
• The Trademark Official Gazette (TMOG) publication
• The USPTO State Trademark Information page 
• The Internet Corporation for Assigned Names and Numbers (ICANN) domain registries page
• The Madrid Monitor international trademark database
• The World Intellectual Property Organization’s (WIPO) Global Brand Database search engine
• The European Union Intellectual Property Office (EUIPO) website
• The TMview database 

You can simplify this process with LegalZoom’s one-stop trademark search service.

Analyzing trademark search results

The key factors you want to look for in a trademark search are similar trademarks and goods or services that are similar to yours. 

• Similar trademarks. Keep an eye out for live trademarks that look or sound like yours, have a similar meaning, or make comparable commercial impressions.
• Related goods and services. Related goods or services don’t necessarily need to be in the same international class. They might be sold or marketed together, used by the same customers, or sold by the same vendors.

If during your search you find that your trademark is too similar to a preexisting trademark, you may want to consider rebranding and choosing a new trademark to avoid going through the process only to have your application denied.

Registration refusal

If the USPTO finds that your trademark is too similar to that of a live trademark, it will refuse your trademark application. If you receive a likelihood-of-confusion refusal, you may need to go back to the drawing board and choose a new trademark for your brand. 

If there is likelihood of confusion between your trademark and a pending trademark that was filed prior to yours, your trademark application will be suspended until the USPTO has finished reviewing the other application. If they approve the other trademark, your trademark registration will be rejected. If the other trademark is abandoned, the USPTO may approve your registration.

Even if there is no likelihood of confusion, the USPTO may not register your trademark if it doesn’t meet applicable legal requirements. 

If you thought your trademark was unique but you received a likelihood-of-confusion refusal from the USPTO, you have the option of appealing to the refusal. You can explain how your trademark or goods and services are different, narrow your goods or services, or get a usage agreement from the owners of similar trademarks registered with the USPTO.

What to do if your registration is refused

Conducting a thorough trademark search and interpreting the results can be complex. What’s more, if the USPTO rejects your trademark registration, filing fees are nonrefundable. An experienced trademark attorney can provide advice about the trademark registration process, perform a comprehensive trademark search, and help you interpret the results of the search. 

Other options for getting help with your trademark search include the following: 

• Visit your local Patent and Trademark Resource Center (PTRC) office for search assistance
• Contact the USPTO’s Law School Clinic Certification Program for free or low-cost legal help
• Register for the USPTO’s federal trademark searching webinar series 
• Contact the USPTO’s Trademark Assistance Center with search questions
• Attend the USPTO’s Trademark Basics Boot Camp

Why do I need to do a trademark name search?

Trademark searches help you find similar trademarks that may limit your ability to protect your mark. Trademark protection exists so that consumers know the source of goods and services. A trademark has to uniquely identify your goods and services as coming from you. If someone else is using a similar mark for a similar purpose, then their use of the similar mark will limit your ability to protect yours.

By knowing what other trademarks are out there, you will understand if there is room for the mark that you want to protect. It is better to find out early, so you can find a mark that will be easier to protect.

Avoid likely confusion

A trademark is exclusive; you can prevent other people from using your trademark or a mark like it on their goods and services. The goal is to make it clear to your customers—just by seeing your mark—that you produced that product or provided that service.

Avoid registration rejection by the USPTO

The USPTO will reject your trademark registration if it is too similar to an existing live trademark. You can save time and money—the registration process can be time-consuming and trademark filing fees are nonrefundable—by conducting a trademark search and unambiguously clearing your trademark.

Avoid infringement

While you don’t have to register your trademark, running your business with an unregistered trademark can increase your chances of violating another company’s intellectual property rights. 

A trademark name search can help ensure consumers can identify your business as the source of your goods or services and protect you from infringement lawsuits.

FAQs

What does likelihood of confusion mean?

Likelihood of confusion is when a trademark is too similar to another trademark in the same industry. If customers are likely to be confused about which trademark your goods or services belong to, your trademark will probably be rejected. Likelihood of confusion is the main reason why trademark registrations are rejected. 

How much does it cost to trademark a name and logo?

Trademarking a name and logo can cost hundreds of dollars. The exact cost of registering a federal trademark depends on the number of trademarks and classes of goods and services you want to trademark.  If you're applying for multiple trademarks in multiple classes, expect to pay more fees.

Once your federal trademark is registered, you'll need to pay fees and file paperwork after five years to keep your trademark valid. You then pay renewal fees every 10 years. 

Can I do a free trademark search?

Yes. It is free to search the USPTO’s trademark electronic database search.

Rudri Bhatt Patel contributed to this article.