Editorial · April 5, 2017
Trademark Search: Check a Name Before You Brand
A trademark search is the first step before you pick a name or logo for your business. It tells you if someone else already owns a mark that looks or sounds like yours. The United States Patent and Trademark Office, or USPTO, lets anyone run this search for free online.
Why search before you brand
A trademark is a brand name. The USPTO says it can be any word, name, symbol or device, or a mix of these, that sets one seller's goods or services apart from those of others. It also points to who made the product.
Say you print business cards, paint a sign and build a website around a name. Then a letter arrives from a company that owns a similar mark. You could lose all of that work. A short search first costs only some time.
The USPTO does not require a search before you file an application. It does encourage one. The office also says it cannot give advice on whether a mark is available before you file.
Sources: USPTO, "Search trademark database" and "Trademark basics" pages, as archived in early 2017.
Where to look: the USPTO database
The tool is called the Trademark Electronic Search System, or TESS. It is free. It holds the text and images of registered marks. It also holds marks in pending applications and in abandoned ones.
You can reach TESS from the USPTO website. The same system is also available at the Patent and Trademark Resource Centers, which are libraries that host it. You can also use it at the USPTO Public Search Facility in Alexandria, Virginia. USPTO staff do not run searches for the public. The USPTO also does not help you pick a search firm or an attorney.
The USPTO says it cannot guide you on how to search beyond the help text inside TESS. So read that help page before you start.
Sources: USPTO, "Search trademark database" page, as archived on March 20, 2017.
Search for more than the exact name
Many people type in their name, see no match and stop. That is a mistake. The USPTO says a complete search finds all similar marks, not just identical ones.
Try spelling changes, plural forms and words that sound alike. Search for parts of the name too. Think about how a customer would hear it said out loud.
A domain name search is not the same thing. A domain is either free or taken. A trademark check is looser. The USPTO weighs whether a mark is similar and whether the goods or services are related. Even identical marks can sit side by side if they are used on goods that are not related at all.
So write down what you plan to sell. Then look at marks used on the same or close goods and services. A bakery and a software firm may share a word. Two bakeries probably cannot.
Sources: USPTO, "Search trademark database" page, as archived on March 20, 2017.
Searching for a logo
If your mark includes a design, a word search is not enough. The USPTO gives each design element a six-digit design code. You search for that code in TESS. The USPTO Design Search Code Manual lists the categories, divisions and sections behind the codes.
Here is the USPTO's own example. A star with five points is coded in category 01, division 01 and section 03. The full code is 01.01.03. Find the codes that fit your logo, then see which marks share them.
Sources: USPTO, "Search trademark database" page, as archived on March 20, 2017.
Check if a match is still live
You may find a mark that looks like yours. Do not give up yet. Check its status first. The USPTO says a "dead" mark cannot be used to block a new application. Only a "live" application or registration counts.
Each record in TESS also links to more detail. A registration certificate shows who owns the mark. It lists the date of first use in commerce and the registration and serial numbers. It also shows the goods or services the mark covers. Read these parts closely. They tell you if the other mark really overlaps with your plans.
Sources: USPTO, "Search trademark database" page, as archived on March 20, 2017.
What to do next
If your search finds nothing close, that is good news, but it is not a promise. Your search may have missed something. The USPTO itself searches its records when it reviews an application, and it can refuse a mark that is too similar to one already registered.
If you do find a close match that is live, think about a new name. You can also talk to an intellectual property attorney. The USPTO suggests you consider hiring one before you file. A private search firm can run a deeper search for a fee.
Remember too that what you file becomes public. The USPTO notes that your name, phone number, email and street address stay in its databases and may show up in internet search engines. Plan for that when you apply.
For a plain overview, the USPTO offers a "Basic Facts About Trademarks" booklet. It also has an animated video series that covers the same ground.
- Search the exact name, then similar spellings and sounds.
- Look at marks used on the same or related goods and services.
- Use design codes if you have a logo.
- Check that a match is live before you drop your name.
- Keep notes of what you searched and when.
Sources: USPTO, "Search trademark database" and "Trademark basics" pages, as archived in early 2017.
Sources
- United States Patent and Trademark Office, "Search trademark database," uspto.gov, web.archive.org snapshot of March 20, 2017.
- United States Patent and Trademark Office, "Trademark basics," uspto.gov, web.archive.org snapshot of February 13, 2017.