Learn›How to Do a Trademark Search

Trademark Search

How to Do a Trademark Search (Step-by-Step)

A trademark search is the single most important thing you do before filing. Skip it, and you could spend $500+ on an application only to have it refused — or face an infringement lawsuit later. Here's how to search properly.

Why you must search before filing

The USPTO examines every trademark application against existing registered marks. If an examiner finds a "likelihood of confusion" with an existing mark in a related class, they will issue a refusal called an Office Action — and you'll either need to argue your case or abandon the application.

Even if you slip past the USPTO, the owner of the earlier mark can oppose your registration or sue you for infringement after the fact. The earlier you discover a conflict, the cheaper it is to fix.

Common mistake

Checking only for identical matches. A mark doesn't need to be identical to create a conflict — it just needs to be confusingly similar in appearance, sound, or meaning for related goods or services. "Spark" and "Sparke" could conflict. "Apple" for computers and "Aple" for software absolutely would.

Step-by-step trademark search process

01

Define exactly what you want to trademark

Decide upfront whether you're filing a word mark (just the text), a design mark (logo only), or a composite mark (name + logo together). Most brands file the word mark first — it gives broader protection because it covers the name regardless of font, color, or stylization.

02

Identify your goods and services class (Nice class)

Trademark protection is limited to the specific goods or services you register. There are 45 international "Nice classes" — Classes 1–34 are goods; Classes 35–45 are services. You'll need to identify which classes your business falls under before searching, because that's what your results need to be filtered by. Common examples: Class 25 (clothing), Class 35 (advertising/retail services), Class 41 (education), Class 42 (software/SaaS).

03

Search for identical matches first

Start by searching for your exact mark in your target classes. Use Searchmarq's free search tool (which searches all 14M+ USPTO records) or the USPTO's own TESS system. Look for active (live) marks with the same name in the same or closely related classes. If you find one, you almost certainly have a conflict.

04

Search for phonetically and visually similar marks

This is where most DIY searches fail. The USPTO's "likelihood of confusion" standard looks at whether an average consumer would be confused — not just whether the marks are identical. Search for: alternate spellings ("Kwik" vs "Quick"), phonetic equivalents ("Fen" vs "Finn"), common abbreviations, and marks with the same meaning in other languages. Searchmarq's wildcard search (using * and ?) makes this significantly easier.

05

Check related classes, not just your primary class

If a similar mark exists in a related class, it can still block yours — even if it's a different class number. For example, a software company (Class 42) and a consulting firm (Class 35) may have overlapping services in the USPTO's view. Search at least 2–3 related classes on either side of yours.

06

Review mark status: live vs. dead

Not every mark in the USPTO database is a live threat. "Dead" marks (abandoned or cancelled) do not block new applications — but a dead mark that was used in commerce may still carry common law rights. Focus on marks with "live" status: Registered or Pending. Abandoned marks are generally safe to use, but check why they were abandoned.

07

Search common law sources (unregistered marks)

The USPTO database only shows registered and pending marks. Unregistered marks can also have legal rights based on actual use in commerce — this is called "common law" trademark. Search Google, social media (Instagram, Twitter/X, Facebook), Yelp, the App Store, and domain registrars (Namecheap, GoDaddy) for businesses using the same name in your industry.

Understanding trademark search results

When you search the USPTO database, each mark will show a status. Here's what the key statuses mean:

Status	What it means	Threat level
Registered	Active, federally registered trademark in force	High — avoid similar marks in related classes
Pending	Application filed, under examination or opposition period	High — if granted, could block your application
Abandoned	Application was filed but not completed or expired	Low — but check for common law use
Cancelled	Was registered but registration was cancelled (non-renewal or legal challenge)	Low — same as abandoned
Expired	Registration lapsed due to failure to file maintenance documents	Low — but owner may still have common law rights

TESS (USPTO) vs. Searchmarq — which to use?

USPTO TESS

Free government database
Requires Boolean search syntax
No wildcard or fuzzy matching UI
Clunky interface, frequent downtime
Good for exact searches by serial number

Searchmarq

Free — same USPTO data
Wildcard search (* and ?)
Fuzzy / phonetic matching
Filter by class, status, filing date
Brand portfolio view (all marks by owner)

Related guides

How to Register a Trademark

Next step after searching: the full USPTO filing process

›

How Much Does a Trademark Cost?

USPTO fees, service costs, and what to budget end-to-end

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What Is a Trademark?

Understand what trademarks protect before you search

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Run your trademark search now — free

Search 14M+ active USPTO records with wildcard support, phonetic matching, and class filtering. No account required.

Start free trademark search →How to register after searching