USPTO Trademark Search
Direct answer
To search for a trademark, access the USPTO TESS database at tmsearch.uspto.gov and select Basic Word Mark Search. Enter your brand name exactly as you plan to use it, then review results for LIVE trademarks that match or closely resemble your name. If you find active marks in your industry class, your name may already be taken.
The USPTO Trademark Search helps you check if a brand name or logo is already registered before you file. TESS (Trademark Electronic Search System) is the official USPTO database containing all active and inactive federal trademark records. Use this guide to search for wordmarks, design marks, and phonetically similar names. Checking TESS first prevents wasted filing fees and legal disputes over trademark rights.
How this tool works
The USPTO TESS database is free to use and contains every federal trademark filed since 1870. Follow these steps to search for a trademark:
Step 1: Access TESS Visit tmsearch.uspto.gov. No login required.
Step 2: Select search type Choose Basic Word Mark Search for text-only brand names. Use Structured Form Search for design elements or logos. Pick Free Form Search for advanced Boolean queries.
Step 3: Enter your query Type your brand name exactly as you plan to use it. TESS searches are case-insensitive. Wildcard operators (* or ?) let you find variations.
Step 4: Interpret results Review the LIVE/DEAD status column. LIVE marks are active registrations. DEAD marks are expired or abandoned. Check the Nice Class column to see if matches compete in your product category. If a LIVE mark exists in your class with a similar name, filing your trademark may be denied.
TESS does not tell you whether a name is safe to use. It shows you what is already filed. Legal review is required for likelihood-of-confusion analysis.
Worked example: Searching "Sunrise Apparel"
You want to register "Sunrise Apparel" for a clothing brand. Here's how to check TESS:
Query: Enter "Sunrise Apparel" in Basic Word Mark Search and click Submit.
Results: TESS returns 3 matches: - SUNRISE APPAREL (LIVE) — Class 25 (clothing) - Sunrise Outdoors (LIVE) — Class 25 (outdoor gear) - SUNRISE APPAREL CO (DEAD, abandoned 2019)
Interpretation: The first result is a direct name match in the same class. This LIVE mark blocks your filing. The USPTO will likely refuse your application based on likelihood of confusion.
The second result ("Sunrise Outdoors") is similar but not identical. Whether this blocks your mark depends on product overlap and consumer perception. This requires attorney review.
The third result is DEAD. Abandoned marks do not block new filings. You can disregard this one.
Outcome: "Sunrise Apparel" is not available in Class 25. You need a different name or a legal opinion on whether you can coexist with the existing mark.
USPTO trademark filing fees
| Filing type | Cost per class | Requirements |
|---|---|---|
| TEAS Plus | $250 | Strict filing requirements, goods/services from pre-approved list |
| TEAS Standard | $350 | Flexible filing, custom goods/services descriptions allowed |
Fee data current as of January 2025. Source: USPTO Fee Schedule (uspto.gov).
Frequently asked questions
What is TESS and who maintains it?
TESS (Trademark Electronic Search System) is the official USPTO trademark database. The United States Patent and Trademark Office maintains it. TESS contains all federal trademark applications and registrations filed since 1870, including active, expired, and abandoned marks.
What does "LIVE" vs "DEAD" status mean for a trademark?
LIVE status means the trademark is currently active and legally enforceable. The owner has exclusive rights to use it in commerce. DEAD status means the mark is expired, abandoned, or cancelled. DEAD marks do not block new filings, but you should verify the reason for the DEAD status before assuming the name is free.
How do I search by design or logo (not just words)?
Use the Design Search Code (DSC) field in TESS Structured Form Search. USPTO assigns a six-digit design code to every logo element (animals, shapes, letters, etc.). Search the Design Search Code Manual first to find the code for your logo elements, then enter that code in the DSC field. Example: Code 030117 covers lions in logo designs.
What is a pseudo mark and when should I search for one?
A pseudo mark is a stylized or foreign-character trademark that TESS cannot match with standard text search. The USPTO creates a phonetic English equivalent for search purposes. If your mark uses non-Latin characters, special fonts, or heavy stylization, search for the phonetic English spelling as well as the literal mark.
If a trademark is not in TESS, can I use the name freely?
Not necessarily. TESS only shows federal registrations. State-level trademarks and common-law rights (established through use without registration) do not appear in TESS. A clear TESS search is a good sign, but it does not guarantee the name is available. Check state registries and conduct a broader web search before filing.
How do I search for similar-sounding names (phonetic search)?
TESS does not have a built-in phonetic search. Use wildcard operators and spelling variations manually. For example, if you want to search for names that sound like 'Sunrise,' try queries like 'Sun*rise,' 'Sunrice,' 'Son Rise,' and 'Sonrise.' This catches marks that sound alike but are spelled differently.
What is the difference between ™ and ®?
™ means you claim trademark rights but have not registered with the USPTO. Anyone can use ™ without filing. ® means the trademark is federally registered with the USPTO. Only use ® after your registration is approved. Using ® on an unregistered mark is illegal and can void your future registration.
How far back does the TESS database go?
TESS contains trademark records from 1870 to the present. However, images and design codes are only available for marks filed after 1978. If you are searching for very old marks, text-based records exist but visual images may not be digitized.
Can I search trademarks filed in other countries on TESS?
No. TESS only contains U.S. federal trademarks filed with the USPTO. For international trademark searches, use the WIPO Global Brand Database (branddb.wipo.int) or search individual country trademark offices. If you plan to do business internationally, you need separate trademark searches for each jurisdiction.
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OnSumo Editorial Team
Fee data verified against USPTO.gov official fee schedule, January 2025.
Last updated: 2026-09-18