How to Do a Free Trademark Search

On February 25, 2026 By newsroom Topic: Online Business Success

Conducting a trademark search is crucial before registering your trademark to ensure it doesn’t conflict with existing ones. The Trademark Electronic Search System (TESS) is a free tool provided by the USPTO to help you check for existing trademarks. Here’s a step-by-step guide:

1. Why Search for a Trademark?

Avoid Conflicts: Ensure your trademark is unique and doesn't infringe on existing ones.
Save Time and Money: Prevent costly rejections by verifying trademark availability upfront.
Legal Protection: Identify potential risks and secure your brand's identity.

2. What is TESS?

TESS: A search engine by the USPTO that provides access to registered trademarks and pending applications in the U.S.
Limitation: It doesn’t include trademarks registered outside the USPTO (e.g., common law trademarks).

Tip: For a comprehensive search, consult a trademark attorney or use additional databases.

3. Steps for a Trademark Search Using TESS

Step 1: Visit the TESS Website

Go to TESS.

Step 2: Choose a Search Option

TESS offers three search types:
1. Basic Word Mark Search: Best for simple word-based trademarks.
2. Word and/or Design Mark Search (Structured): For refined searches using filters.
3. Word and/or Design Mark Search (Free-Form): Advanced search for experienced users.

4. Basic Word Mark Search

Best for: Checking word-based trademarks.
Steps:
Enter the word(s) in the search bar.
Choose “Live” marks to filter active trademarks.
Submit the query and review results.
Example: Searching for "Digital" returns trademarks containing that word.

5. Word and/or Design Mark Search (Structured)

Best for: Logos or more detailed trademark searches.
Steps:
Choose specific fields (e.g., design codes, owner name).
Enter search terms and apply filters like "Live" marks or "Design Search Code."
Combine multiple fields with operators (e.g., AND, OR).
Review results for potential conflicts.

Pro Tip: Use the USPTO Design Search Code Manual to find codes for logo elements.

6. Word and/or Design Mark Search (Free-Form)

Best for: Advanced users needing granular control.
Steps:
Manually format search queries with field codes (e.g., Digital[bi] AND 010103[dc]).
Include operators to refine searches.
Submit the query and analyze results.
Example: Narrow down trademarks with "Digital" in the name and a star-shaped logo.

7. Additional Resources for Trademark Searches

Local State Searches

Check your state’s trademark database for region-specific trademarks.
Use the USPTO State Trademark Office Directory.

Global Search

Use the WIPO Global Brand Database for international trademarks.

Internet Search

Use Google to check for unregistered trademarks or similar brand names in use.

8. Tips for Success

Include Variations: Search for plural forms, misspellings, and synonyms.
Check Goods/Services: Ensure trademarks in related industries don’t overlap.
Document Findings: Save search results for reference during registration.

9. When to Consult a Professional

If you’re unsure about search results or the “likelihood of confusion,” hire a trademark attorney for a thorough review.

Remember: A well-conducted trademark search ensures your brand is legally protected and sets the foundation for success!