A trademark lookup and a Google trademark search can save you thousands of dollars and BIG legal headaches.
By Michael Kondoudis, Small Business Trademark Attorney
This is our complete guide to trademark lookups. If you need to lookup a trademark or learn all there is to know about trademark lookups this guide is for you.
CONTENTS
I. ABOUT TRADEMARK LOOKUPS
→ What a trademark lookup is
→ Why a trademark lookup is important
→ When to do a trademark lookup
→ Where to do a trademark lookup
II. HOW TO DO A TRADEMARK LOOKUP
→ How to do a trademark lookup in four steps
→ Do you need the help of a trademark attorney?
III. CONDENSED SUMMARY
IV. FREQUENTLY ASKED QUESTIONS
ABOUT TRADEMARK LOOKUPS
What is a Trademark Lookup?
A trademark lookup is a search to check if a trademark is available for you to register, is already registered by someone else, and whether another business is using it. A trademark lookup includes a national search at the U.S. Patent and Trademark Office (USPTO), local trademark searches of various State trademark databases, and the Internet.
What Does a Trademark Lookup Do?
A trademark lookup is a search to make sure that your proposed trademark is distinctive and eligible for trademark registration with the U.S. Patent and Trademark Office (USPTO). Distinctiveness is one of the requirements for every trademark.
The purpose of a trademark lookup is to find marks that are the same or similar to yours and learn whether they have been registered with the USPTO. Similar trademarks can affect your ability to (1) register your trademark with the USPTO and (2) legally protect your trademark.
Why Do a Trademark Lookup?
A trademark lookup can help you avoid costly and time-consuming issues if someone else has already trademarked your name, logo, or phrase. Typically, only one business can own a name, logo, or phrase for an industry and it is almost always the one that trademarks it first. A trademark lookup can make the registration process go more smoothly.
Also, a trademark lookup can help find out if your mark is too similar to any one else’s trademark. When marks are too similar, the risk of trademark infringement grows.
Plus, a trademark lookup can help avoid the most common reason that a trademark is rejected by the U.S. Patent and Trademark Office – similarity to another trademark.
The top reason most common reason a trademark application is rejected by the U.S. Patent and Trademark Office is a “likelihood of confusion” with an existing trademark. A trademark lookup is a way to find roadblocks to your trademark before wasting your time, money, and effort branding your business with it. Also, trademark infringement is avoidable. Conducting a trademark lookup before starting your business can help you avoid these expensive and time-consuming mistakes.
The Top Five Reasons to Do a Trademark Lookup
1. To find out if your trademark is distinctive
2. To find if your trademark is similar to someone else’s
3. To find if your trademark infringes someone else’s
4. To find who owns a specific trademark
5. To make the registration process go more smoothly
Do You Have to Do a Trademark Lookup?
No, you do not have to do a trademark lookup. There is no legal or regulatory requirement that you perform a trademark lookup. A trademark lookup is optional – not required. Still, it is a good idea to do a trademark lookup/search before you use a mark in commerce or attempt to register the mark with the United States Patent and Trademark Office (USPTO).
Why Should You Do a Trademark Lookup?
A trademark lookup gives you a chance to pick a different trademark before wasting your time, money, and effort branding your business.
Looking up trademarks is an important step in protecting your brand and business. A trademark lookup can help you find out if anyone else has registered your trademark or is already using it. This information can help you decide whether to pursue trademark protection for your mark and avoid potentially costly infringement and rebranding.
If you start a business using a name that someone else has already registered or been using, you risk being sued for trademark infringement. Trademark infringement does not require intent – it can be unintentional. You may also be forced to rebrand. These expensive and time-consuming problems can sink a small business or startup.
Suppose you apply to the U.S. Patent and Trademark Office to register your name, and it is not available because someone else has already registered it. In that case, your application will be denied without a refund of the fees. Plus, you could be facing an infringement problem. A trademark lookup can help you avoid these costly problems.
Also, if you plan to apply to register your trademark, a trademark lookup can increase the chance that your application will be accepted.
So, there are many reasons to search a potential trademark, including:
- to help determine the availability of your trademark for registration and use
- to avoid infringing another business’s trademark
- to avoid having to rebrandS
Do you need help with your trademark?
When Should You Do a Trademark Lookup?
You should do a trademark lookup as early as possible after you decide to adopt a trademark, and preferably before you begin using it, according to most authorities – including the United States Patent and Trademark Office (USPTO).
You should perform a trademark lookup before using a mark to avoid any possible trademark infringement claims. If you are forced to rebrand because your new mark infringes on someone else’s, you would lose your investment in your trademark and brand.
Also, you should perform a trademark lookup before you attempt to register the mark with the United States Patent and Trademark Office (USPTO). Adopting a trademark that you cannot legally protect with a trademark registration is not a smart business decision.
In the end, the timing of any trademark lookup or search depends on your particular circumstances. But, in almost all situations, you can never do a trademark lookup too early in the process of developing a product or business.
Pro Tip: Almost all of the time, it is best to do a trademark lookup as early as possible before you begin using a trademark.
Where Do You Do a Trademark Lookup?
You perform a trademark lookup by searching the U.S. Patent and Trademark Office (USPTO) trademark database, state trademark databases, and the Internet.
1. The USPTO Trademark Database – TESS
You start a trademark lookup with the USPTO trademark database, which includes all of trademarks that have ever been registered in the United States, along with marks that are pending or have been refused registration. This database is available via the USPTO’s Trademark Electronic Search System (TESS) located at: https://tmsearch.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk
2. State Trademark Databases
You continue a trademark lookup with each state trademark database, which includes only trademarks registered in that state. Here, it is important to keep in mind that you need to search beyond your state’s database.
3. Google Trademark Search
You complete a trademark lookup with a Google trademark search. Search for the elements that comprise your trademark. This step is critical to find common law trademarks (unregistered trademarks) that may conflict with your mark.
These are free resources, but they take time to visit and some knowledge and skill to search well.
Another option is to hire a trademark search company. This option is easier and faster than the free trademark lookup options but comes with costs, which vary by service provider. However, this trademark lookup option almost always returns better and more complete results than free DIY trademark lookups.
Where Do You Check Availability of a Trademark?
You can search all applied-for and registered trademarks free using the U.S. Patent and Trademark Office’s Trademark Electronic Search System (TESS).
You may also visit the USPTO’s Public Search Facility or a Patent and Trademark Resource Center to look up trademarks. These resources are free to the public.
HOW TO DO A TRADEMARK LOOKUP
How to Do a Trademark Lookup – The Four Steps of Every Trademark Lookup
A trademark lookup is a four-step process that involves a national trademark search, a state-by-state trademark search, an Internet trademark search, and a review of the search results. These four steps are how a trademark lookup is performed:
(1) Start with a USPTO trademark lookup by searching the USPTO’s trademark database using the Trademark Electronic Search System (TESS).
(2) Continue with a state-by-state trademark lookup by searching all 50 state trademark databases.
(3) Follow with a Google trademark search for evidence of use in commerce on websites and social media.
(4) Review the search results looking for any “likelihood of confusion.”
Trademark Lookup Step 1 – A USPTO Trademark Lookup
The Trademark Electronic Search System (TESS) is a database of all registered and applied-for trademarks in the United States. Each record in TESS consists of many searchable elements about each trademark. The chances of the USPTO rejecting your trademark and infringing on someone else’s are higher when shared elements exist.
To run a USPTO trademark search, use the USPTO TESS search engine available on the USPTO website at www.uspto.gov.
Enter your trademark into the search field to search the USPTO’s trademark database.
Beware: The USPTO will reject your trademark application if there is a “likelihood of confusion” with another registered mark. So, it is a good idea to search for exact matches and for any trademarks that are close to yours using variations of your trademark (e.g., different spellings, abbreviations, and plurals).
Trademark Lookup Step 2 – 50 State Trademark Lookups
To run a state trademark search, use a state’s trademark online search engine available on the state’s government website. The easiest way to find these sites is with an Internet search using the terms “State” and “trademark search.” Below is an example of the Maryland Secretary of State’s trademark search engine:
Enter your trademark into the search field to search for a state’s trademark database.
Be warned: State trademark registrations are only enforceable within a state. State trademark rights are not national like those that come with a USPTO trademark registration.
Do you need help with your trademark?
Trademark Lookup Step 3 – GOOGLE Trademark Search
Conduct a Google trademark search. Input search terms relevant to your trademark, business, product, services, and customers. A Google trademark search can return a high number of results. Pay particular attention to the search results returned by the search that relate to social media.
Surprisingly to some, it can be very effective to Google trademarks. The scope and reach of Google is tremendous. When you Google trademarks, you are using the best search algorithms and the Internet’s widest search tools.
Trademark Lookup Step 4 – Review the Search Results
Trademark searches can sometimes return hundreds of results, so it is important to narrow the results before reviewing them. This key is to identify trademarks that are relevant to your potential trademark, based on any “likelihood of confusion.” Here, it is advisable to consult with a trademark attorney because, as the United States Patent and Trademark Office warns, determinations of “likelihood of confusion” are “complicated.”
If, after searching trademark databases and the Internet, you find that a trademark is already in use for similar or related goods or services to your own, it may be best to opt for another trademark. Similarly, if the trademark isn’t registered but appears likely to conflict with other trademarks under trademark law principles (likelihood of confusion), trademark registration may not be a wise choice.
Do You Need an Attorney for a Trademark Lookup?
Yes. According to the United States Patent and Trademark Office (USPTO), deciding what to search for and interpreting your results can be complicated because there are so many factors to consider in determining any likelihood of confusion. Also, the USPTO is prohibited from (1) telling you how to do a clearance search for your mark, (2) searching for you, or (3) interpreting your search results.
That’s where trademark attorneys come in. We can do all of these things and give you legal advice about your brand.
Plus, the USPTO also warns that “you may wish to consider hiring a U.S.-licensed attorney to advise you throughout the application process.”
Note: If you are a foreign-domiciled applicant, you must have a U.S.-licensed attorney represent you at the USPTO.
In the end, while it may not be mandatory to consult with a trademark attorney when selecting or registering your trademark, it is a good idea. The trademark registration process involves investing time, money, and your brand. A trademark attorney can help you (i) decide whether a trademark is confusingly similar to yours, (ii) can help you with a trademark search, and (iii) help you register the trademark with the USPTO.
CONDENSED SUMMARY
To search for registered trademarks at the USPTO, visit the Trademark Electronic Search System (TESS) website. TESS provides access to registered marks and their respective trademark classes. There are 45 trademark classes, and they are divided into two categories: goods and services. Searches can also be conducted at the Patent and Trademark Resource Center.
When searching for a particular trademark on goods or services, it is important to use the USPTO’s tips to get the most accurate results. For example, when searching for a mark that is used on clothing, it is best to use the word “clothing” in the keyword search instead of just “apparel.” This will help to return all registrations that include the word “clothing” in the description of goods.
It is also important to note that inactive registrations and applications can be found in TESS. Inactive registrations are those that have not been used for five years or more and have not had any recent legal proceedings filed against them. If an individual is interested in using an inactive mark, they should file an application to revive the mark.
After conducting a search through TESS and the Patent and Trademark Resource Center, you may want to do further research on the availability of a trademark. This can be done by searching through state trademark registers and online resources that list common law trademarks.
A common law trademark is one that isn’t registered with the USPTO but is still used in commerce. Common law trademarks arise from the actual use of the mark and provide nationwide protection. The main disadvantage of common law trademarks is that they don’t have the same level of protection as federally registered trademarks. This means that common law trademarks can be challenged more easily.
To do a search for state trademarks, go to the website of the state in which you’re interested. Each state has its own trademark register. The website will usually have a search engine where you can input keywords to find registered trademarks.
There are also several online resources that list common law trademarks. One such resource is the United States Patent and Trademark Office’s (USPTO) database of Registered Trademarks Applied for and Used in Commerce. This database includes marks that are registered with the USPTO and marks that are protected under common law.
FREQUENTLY ASKED QUESTIONS
1. How do I look up trademarks for free?
To look up trademarks for free, you can use the Trademark Electronic Search System (TESS) on the United States Patent and Trademark Office (USPTO) website. You can also visit the USPTO’s Public Search Facility or a Patent and Trademark Resource Center near you. These resources enable you to search for registered or applied-for trademarks by keyword, including design elements if your mark includes one.
Also, they are free to the public.
If you’re not sure how to conduct a search, the USPTO has a number of resources to help you, including online tutorials and guides, and free in-person help at their Public Search Facility and Patent and Trademark Resource Centers.
2. Can I see if a name is trademarked?
Yes, you can see if a name is trademarked by using the trademark name search on the USPTO’s Trademark Electronic Search System. This search will show you all trademarks that include that name. So, if you are not sure if a name is trademarked, do a free search on TESS.
To search the USPTO’s trademark database, go to TESS. Choose a search option. If you are searching for a name, use the trademark name search. If you are searching for a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.
5. TRADEMARKS LOOKUP
What is trademarks lookup?
A trademarks lookup is a search for trademarks at the U.S. Patent and Trademark Office (USPTO). A trademarks lookup is a free way to search for trademarks that might be too similar to your mark. A close similarity between trademarks is one of the most frequent reasons why a trademark application is rejected.
Why do a trademarks lookup?
The main reason to do a trademarks lookup is to avoid the most common reason that a trademark is rejected by the U.S. Patent and Trademark Office (USPTO) – confusing similarity.
If your mark is so similar to a trademark that has already been registered that people are likely to get confused, the USPTO must reject your application.
So, by performing a trademarks lookup before you apply to register a trademark, you can see if someone else already registered that trademark or a similar one.
Why is a trademarks lookup important?
By doing a trademarks lookup can help you avoid wasting time and money on trademark applications that cannot be granted because of similarities to other trademarks. Trademark lookups save you money, time, and frustration.
TAKE THE NEXT STEP
Take the next step toward LEGALLY owning your trademark!
We have a simple, 5 step process we use to help our clients secure their trademarks. If you’re interested in protecting your name, logo, or slogan, we invite you to book a FREE brand protection strategy session with us here.
For more than twenty years, Michael Kondoudis has been the go-to trademarking expert for businesses of all shapes and sizes. Michael is a USPTO-licensed trademark and patent attorney, educator, speaker, and author of the Amazon best-seller: Going From Business Owner to Brand Owner. He is also an authority trusted by national news media on major trademark stories.
Fun Facts: Michael is a member of the Bar of the U.S. Supreme Court and an actual rocket scientist (B.S. Astronomy and Astrophysics, Indiana University 1994).