How to Do a Trademark Search
Learning how to do a trademark search means checking the USPTO database for live registrations and pending applications that could conflict with your proposed name, logo, or slogan. Search exact words, similar spellings and sounds, related goods or services, and relevant design elements before deciding whether to apply.
The United States Patent and Trademark Office (USPTO) provides its current Trademark Search system at no charge. A database search can identify federal records, but it cannot tell you by itself whether a mark is legally available.
By OnSumo Content Team
Source review: USPTO search, fee, and application guidance checked October 14, 2026. This article explains a research process and is not legal advice.
What is a trademark search and why does it matter?
A trademark search checks whether another party uses or has applied to register a mark that may be confusingly similar to yours for related goods or services.
The USPTO may refuse an application when a proposed mark is confusingly similar to a registered mark and the goods or services are related. Similarity is not limited to exact spelling. The agency may consider appearance, sound, meaning, or overall commercial impression, along with how closely the goods or services are related. The USPTO explains this test in its likelihood of confusion guidance.
A federal database search is only one part of clearance research. Common-law trademark rights are rights that can arise from using a mark in commerce without a federal registration. Their scope can depend on facts such as where and how the mark is used. The USPTO recommends checking federal records, state databases, and the internet because unregistered use may not appear in the federal system. See the agency's guide on why to search for similar trademarks.
Use the OnSumo USPTO Trademark Search tool for a focused starting point, then open relevant records in the official USPTO system to confirm their current details.
How do you search trademarks at the USPTO?
Search the current USPTO Trademark Search system in widening passes, starting with the proposed mark and then testing variations that could create a similar commercial impression.
TESS is no longer the current search product. The USPTO retired the Trademark Electronic Search System on November 30, 2023 and replaced it with the present Trademark Search system.
- Search the exact wording. Enter the name as you plan to use it. For the example name “Blue River Coffee,” begin with all three words.
- Try wording variations. Search shortened forms, alternative spellings, plurals, and words that sound alike. A search for only one exact phrase can miss relevant records.
- Review related goods and services. Read each record's identification of goods or services. Class numbers help organize records, but a class filter does not decide whether two offerings are legally related.
- Check live and dead records. A live record may be pending or registered. A dead record is no longer active in the federal application or registration process, but it does not prove that the owner stopped using the mark.
- Search designs separately. For a logo, identify its visual elements and use the USPTO's design search codes as part of the query.
- Broaden beyond the federal database. Check state trademark databases, company names, websites, product listings, domain names, and other places where an unregistered mark may be used.
Keep a search log with the date, queries, filters, and records reviewed. A saved log makes it easier to repeat the search or explain what you checked.
What do trademark search results mean?
Trademark results are leads for closer review, and the most useful fields show the mark, status, owner, dates, and identified goods or services.
| Result field | What it tells you | What to check next |
|---|---|---|
| Word mark or design | The wording or visual matter in the record | Compare sound, appearance, meaning, and overall impression |
| Serial number | The identifier assigned to an application | Open the record to review status and documents |
| Registration number | The identifier assigned after federal registration | Confirm whether the registration remains live |
| Status | Whether the federal record is live or dead | Read the status details and dates rather than relying on the label alone |
| Goods and services | What the applicant or registrant lists | Compare the nature of the goods, services, trade channels, and buyers |
| Owner | The party named in the federal record | Confirm current ownership in the full record |
| Filing date | When the federal application was submitted | Use it to understand the application timeline, not as automatic proof of superior rights |
A live record is not automatically a conflict, and a dead record is not automatically safe. The USPTO's likelihood of confusion analysis depends on both the marks and the relationship between the goods or services. Federal search results also do not settle common-law rights.
What are the most common trademark search mistakes?
The most common mistakes are treating an exact-match search, a class number, or a live or dead label as a final legal answer.
- Searching only the exact name. Similar sound, appearance, meaning, or commercial impression can matter even when the spelling differs.
- Treating classes as hard boundaries. Class numbers organize filings. Related goods or services can appear in different classes, and items in the same class are not always related.
- Ignoring dead records without further research. A dead federal record does not show whether someone still uses the mark and claims common-law rights.
- Searching only the USPTO database. State records and marketplace use may reveal marks that have no federal registration.
- Assuming the first filer always wins. Filing priority describes the order of federal applications. It does not erase any rights a party may have acquired through earlier use.
- Treating search results as a legal clearance opinion. A search returns records. Deciding whether a refusal or infringement claim is likely requires applying legal standards to specific facts.
What should you do after your trademark search?
After the search, record what you found, investigate close matches, and decide whether the remaining uncertainty calls for a different mark or advice from a trademark attorney.
- No close records found: Save the search terms and date, then run broader state and marketplace searches. An empty federal result is not a guarantee of availability.
- A similar live record found: Compare the marks and listed goods or services. Do not assume the application will be refused without reviewing the full facts.
- A similar dead record found: Read the record history and check for current marketplace use before drawing a conclusion.
- A pending application found: Note its serial number and status. Its filing date helps explain the federal application sequence, but does not alone decide all priority questions.
- The result remains unclear: A U.S.-licensed trademark attorney can assess search scope, common-law use, and likelihood of confusion for the particular facts.
If you choose to apply, use the USPTO's Trademark Center application page. The current base application fee is $350 per class of goods or services, and extra fees can apply depending on the filing. Confirm the amount on the USPTO trademark fee information page before submission.
Trademark and patent filings use different rules and fee schedules. If your project also involves an invention, the Patent Cost Estimator can help outline patent expenses, but it does not estimate trademark filing costs.
Frequently asked questions
These short answers cover three points that commonly cause confusion during a trademark search.
Is a USPTO trademark search enough?
No. The federal database covers federal applications and registrations, while unregistered marks may have common-law rights based on use. Search state databases and marketplace sources as well.
Does a dead trademark mean the name is available?
No. “Dead” describes the federal record, not necessarily marketplace use. Check why the record became inactive and whether the owner or another party still uses a similar mark.
Can two businesses use the same trademark?
Sometimes. Similar marks may coexist when their goods or services are not related and consumers are unlikely to be confused, but the result depends on the facts. A database result alone cannot answer the question.
Sources
- United States Patent and Trademark Office. “Search our trademark database.” Accessed October 14, 2026. https://www.uspto.gov/trademarks/search
- United States Patent and Trademark Office. “Retiring TESS: What to know about the new trademark search system.” Published October 18, 2023; updated January 6, 2025. https://www.uspto.gov/subscription-center/2023/retiring-tess-what-know-about-new-trademark-search-system
- United States Patent and Trademark Office. “Likelihood of confusion.” Accessed October 14, 2026. https://www.uspto.gov/trademarks/search/likelihood-confusion
- United States Patent and Trademark Office. “Why search for similar trademarks?” Accessed October 14, 2026. https://www.uspto.gov/trademarks/basics/why-search-similar-trademarks
- United States Patent and Trademark Office. “Trademark fee information.” Accessed October 14, 2026. https://www.uspto.gov/trademarks/trademark-fee-information
- United States Patent and Trademark Office. “Apply online.” Accessed October 14, 2026. https://www.uspto.gov/trademarks/apply