How to Check If a Trademark Is Already Registered

Checking if something is trademarked requires going through official trademark databases like the USPTO’s Trademark Electronic Search System, WIPO, and even business registries, domain databases, and marketplaces. A manual search can miss similar marks, phonetic variations, or design elements that could lead to legal trouble down the line. To determine how to see if something is trademarked, you’ll need to combine official database searches with ongoing monitoring of new trademark applications and marketplace usage to catch potential conflicts before they become expensive legal problems, which can be done with automated tools or help from trademark services.

What a Trademark Is and What It Protects

A trademark is any word, phrase, symbol, design, or combination of these elements that identifies and distinguishes the source of goods or services in commerce. When you see the Nike swoosh or hear the phrase “Just Do It,” you immediately know which company is behind those products. That’s trademark protection at its most basic.

Trademarks protect brand identity and prevent consumer confusion in the marketplace. They give owners exclusive rights to use their marks in connection with specific goods or services, and the right to stop others from using confusingly similar marks. This is different from copyright, where the actual artistic value is being protected rather than the brand reputation.

Types of Trademarks and Service Marks

Trademarks come in several forms, each requiring different searches. This is because your branding might interfere with only a specific part of a complex registered trademark.

• Word marks are text-only descriptions without any design elements, like “Coca-Cola” or “Microsoft.”
• Design marks incorporate logos, graphics, or stylized text.
• Combined marks mix both text and design elements.
• Service marks function like trademarks but identify services rather than physical products.
• Sound marks protect distinctive sounds (like the NBC chimes).
• Color marks protect specific color uses in particular contexts (like Tiffany’s distinctive blue).

Why It’s Important to Check if Something Is Trademarked

Launching a business or product with a name that infringes someone else’s trademark can be catastrophic. You might receive a cease and desist letter, forcing you to rebrand after you’ve already invested in marketing, packaging, websites, and brand recognition. Furthermore, defending against infringement claims or fighting to keep your name can cost tens of thousands of dollars in legal fees.

And even if you win an infringement dispute, the distraction and expense can derail a growing business. Taking a few hours to check if something is trademarked can save you years of legal problems and the painful process of rebranding an established brand.

Preparing for a Trademark Search

Clarifying What You Want to Protect

Before diving into trademark searches, clearly define what you’re checking. Are you searching for a business name, product name, slogan, logo design, or some combination? Each requires a slightly different search approach.

For word marks, you’ll search primarily for text matches. For logos, you need to search both the text elements and the design components. For slogans, consider how consumers might remember or abbreviate the phrase, and so on.

Identifying Relevant Classes of Goods and Services

The United States Patent and Trademark Office (USPTO) organizes trademarks into 45 different classes. At base, trademark protection only extends to the classes in which the company is registered or has established common law rights through use. This means two companies can technically use a strikingly similar mark in completely different industries without infringing on each other’s rights.

When searching, you need to identify your primary class and related classes where similarity might be confusing. For example, if you’re launching a food product (Class 29 or 30), also search for beverages (Class 32) and restaurant services (Class 43).

Gathering Variations, Spellings, and Similar Names to Search

Searches to determine “Is something trademarked?” also need to account for phonetic equivalents, common misspellings, abbreviations, and names that look or sound similar to your proposed mark.

Create a list before you start searching: alternative spellings, plural and singular forms, words with similar meanings, foreign language translations, and common abbreviations. If your mark is “TechFlow,” also search “Tech Flow,” “Tekflow,” “TechFlo,” “Technology Flow,” and similar variations. The goal is to identify marks that consumers might confuse with yours, not just identical duplicates.

Where to Search for Trademarks

Official Government Trademark Databases

So how do you know if something is trademarked? The most authoritative sources for registered trademarks are official government databases maintained by national trademark offices.

• The USPTO maintains the Trademark Electronic Search System (TESS), which contains all federal trademark applications and registrations in the United States.
• European Union Intellectual Property Office (EUIPO): For European Union trademarks that protect all EU member states, search the EUIPO database.
• World Intellectual Property Organization (WIPO) Global Brand Database: This database aggregates trademark data from multiple countries and includes marks registered through the Madrid Protocol international trademark system.
• National trademark offices in other countries: If you plan to operate in specific countries outside the U.S. and EU, search their local offices. Major markets like Canada, Australia, Japan, and China each maintain separate trademark databases.

State and Regional Trademark Databases

While federal trademark registration provides the strongest protection, state-level trademarks still matter, as most U.S. states maintain trademark registries for marks used within their borders. These registrations typically cost less than a federal one but only protect within that state. Some companies hold state registrations without federal protection, so limiting your search to USPTO records could miss important conflicts.

Common Law and Unregistered Trademark Sources

Not all trademarks are registered, but common law trademark rights arise automatically from using a mark in commerce, even without any registration. These unregistered trademarks can still prevent you from using a similar mark, but they’re much harder to find.

• Business name and corporate registries: Check state company registries and incorporation databases. A company might be using a name in commerce without trademark registration.
• Domain name databases and WHOIS records: Search domain registrars to see who owns similar domain registrations.
• Search engines and social media platforms: Google the proposed name, check social media handles, and look for competitors (or even non-related companies) already using similar branding. Social media presence often indicates active use in commerce.
• Industry directories and marketplaces: Check Amazon, eBay, Etsy, app stores, and industry-specific directories for similar branding. Products actively selling under similar names create common law rights.

How to Search the USPTO Database

Accessing the USPTO Trademark Electronic Search System

TESS is free and accessible to anyone. Navigate to the USPTO website and locate TESS under the Trademarks section. The system offers both basic and structured search options, each with different capabilities.

TESS can feel overwhelming as it’s a professional tool designed for trademark attorneys, not casual users. However, with a bit of practice, you can conduct effective basic searches.

Using Basic Word Mark Search

Start with the basic word mark search for simple text-based trademark checks. Enter your proposed mark and search for exact matches, then expand to similar terms using wildcards. The asterisk (*) wildcard represents any characters, so searching “Tech*” finds any mark beginning with “Tech.”

The system displays results showing the mark, owner, filing date, registration number (if registered), and status. Pay attention to the goods and services descriptions, since a mark identical to yours in a completely different industry might not create a conflict, depending on your business.

Using Structured and Advanced Searches

For more comprehensive searches, use the structured search form. This allows you to combine multiple search criteria: search by owner name, filing date ranges, specific trademark classes, and registration status. You can also use Boolean operators (AND, OR, NOT) to refine results.

Advanced users can use free-form search syntax to create complex queries. While this requires learning TESS’s specific search language, it allows you to combine phonetic similarity, design codes for logos, and specific class restrictions all in one query.

Searching for Design Marks and Logos

Logo searches are significantly more complex than word mark searches. The USPTO uses design codes to categorize visual elements in trademarks. For example, code 03.15.24 covers eagles, while 26.01.01 covers circles.

To search for similar logos, you need to identify the relevant design codes for your logo’s elements and search using those codes. The USPTO provides a design code manual, but determining which codes apply to your logo can take time. Professional trademark searches typically include comprehensive design code searches that catch visually similar marks you might miss.

Interpreting USPTO Search Results

A “live” trademark is either registered and active or pending approval. A “dead” trademark has been abandoned, cancelled, or refused. Dead marks generally don’t pose a threat unless the owner still has common law rights through continued use.

Pay close attention to the identification of goods and services. A similar trademark in a completely different industry might not conflict with yours, while a similar mark in a related industry creates a higher risk.

If the same owner has multiple similar registrations, that suggests an expanding brand family. Earlier filing dates indicate stronger rights and priority over your proposed mark.

How to Search International and Foreign Trademarks

Using the WIPO Global Brand Database

The World Intellectual Property Organization aggregates data from over 70 national and regional trademark offices. This is your most efficient tool for checking international trademark conflicts without visiting dozens of separate databases.

WIPO’s Global Brand Database includes marks from the Madrid System (which covers over 130 countries), as well as direct data feeds from major trademark offices. Search by text, image, or Madrid registration number. The results show where each mark is protected, its current status, and class information.

Searching EU Trademarks with EUIPO

The European Union Intellectual Property Office database is free and relatively user-friendly compared to some national databases.

EUIPO’s search tools include text and image search capabilities. You can filter by trademark status, owner, and Nice classification (the international system for categorizing goods and services). If you plan to do business in Europe, searching the EUIPO database is essential.

Checking National Databases in Key Markets

Each country’s database has different interfaces, search capabilities, and language requirements. Some provide English-language search options, while others require translation or local expertise. This is where comprehensive trademark search services can help with partial automation, searching multiple national databases in one go.

Coordinating Searches Across Multiple Jurisdictions

Prioritize territories where you operate, where you plan to expand, and where your competitors are active. A mark available in the U.S. might be blocked in Europe or Asia, potentially limiting your international growth.

Evaluating Trademark Conflicts

Likelihood of Confusion Basics

Finding similar trademarks during your search doesn’t automatically mean you can’t use your proposed mark. Trademark law revolves around the “likelihood of confusion” standard, trying to determine if ordinary consumers could believe that goods or services from different sources are affiliated with one another.

Courts and the USPTO consider multiple factors when evaluating the likelihood of confusion: the similarity of the marks, the similarity of goods or services, the channels of trade, the sophistication of consumers, the strength and distinctiveness of the existing mark, and evidence of actual confusion in the marketplace.

Comparing Similarity of Marks

When evaluating whether marks are confusingly similar, consider appearance, sound, and meaning. “TechFlow” and “TekFlo” look different when written but sound nearly identical when spoken. “Quick Delivery” and “Fast Shipping” use different words but convey similar meanings.

Even marks with some differences can conflict if the overall commercial impression is similar. Focus on how consumers would perceive and remember the marks in actual use, not just how they appear side-by-side on paper.

Comparing Similarity of Goods and Services

Identical marks can coexist if they’re used for completely unrelated goods or services. “Delta” works as a trademark for airlines, faucets, and dental services because consumers don’t confuse an airline with a faucet manufacturer.

However, the more related the goods or services, the higher the risk of confusion. Similar marks for different types of software create more conflict potential than those for software and lawn care. Consider whether consumers might think the goods or services come from the same company or from related companies.

Considering Channels of Trade and Target Consumers

Where and how products are sold matter for confusion analysis. Marks are more likely to conflict if products are sold through the same retail channels, marketed to the same customer demographics, or advertised in similar ways.

Consider also the sophistication of your target consumers. Highly specialized technical products sold to expert buyers create less confusion risk than mass-market consumer products. However, this factor rarely outweighs mark similarity and related goods or services.

Assessing Strength and Distinctiveness of Existing Marks

Famous and distinctive marks receive broader protection than weak or descriptive marks. If you find a similar mark that’s famous (like “Apple” or “Amazon”), the risk is higher even if you’re in a different industry. Conversely, weak descriptive marks (like “Quick Print” for printing services) have narrower protection zones, allowing more designs to coexist.

Checking Unregistered and Common Law Rights

Why Unregistered Trademarks Still Matter

Common law trademark rights exist automatically from using a mark in commerce, without any registration. While these unregistered rights are geographically limited and harder to enforce than federal registrations, they can still prevent you from using a similar mark in the regions where the senior user operates.

If someone has been using a mark for years without registering it, they still have rights in that mark within their trading area. You could find that the USPTO has no record of such a mark, launch your business, and then discover a local company has been using an identical name for a decade.

Conducting Internet and Social Media Searches

Google your proposed mark along with relevant product or service terms. Check name variations, look at the first several pages of results, and note any companies using similar names. Make sure to go over phonetic variations, common misspellings, and related terms.

You’ll also want to check social media platforms for similar handles and business pages, such as X, Facebook, Instagram, LinkedIn, and TikTok. An active social media presence using a name similar to yours suggests commercial use and potential common law trademark rights.

Reviewing App Stores and Online Marketplaces

Search the Apple App Store, Google Play Store, and major app marketplaces for similar names. Active apps with similar names to your proposed mark indicate current commercial use.

Online marketplaces like Amazon, eBay, Etsy, and Shopify also host millions of businesses. Search these platforms for products or sellers using names similar to yours. Even small sellers on these platforms establish common law trademark rights through their commercial use.

Investigating Local Business Use and Trade Publications

Check state business registries and corporate databases for similar company names. Review trade publications, industry directories, and professional associations in your field. Local newspapers, journals, and industry-specific publications can reveal businesses using similar marks that might not appear in online searches or trademark databases.

Documenting Your Search

Keeping Records of Databases Searched and Search Terms Used

Record which databases you searched, what search terms you used, when you conducted each search, and what results you found. If you later face an infringement claim, evidence that you conducted a good-faith search before adopting your mark can potentially reduce damages. Your documentation also helps trademark attorneys understand what ground you’ve already covered if you run into trouble.

Saving Screenshots and Search Reports

Take screenshots of your search results, especially showing that your proposed mark didn’t appear in relevant databases. Save copies of trademark records for any similar marks you find. Many search systems allow you to export results, so take advantage of these features.

Trademark databases constantly update with new applications and status changes, so timestamped documentation proves what information was available when you conducted your search.

Organizing Potential Conflicts and Findings

For each potentially conflicting mark, note the mark itself, registration number (if applicable), owner information, goods and services classes, filing and registration dates, and current status. Include your assessment of whether it represents a high, medium, or low conflict risk based on similarity and goods/services overlap.

When and How to Work With a Trademark Attorney

When a Professional Search Is Recommended

DIY trademark searches work fine for preliminary clearance, but professional searches provide more comprehensive coverage. Consider hiring a trademark attorney or search firm when you’re investing significantly in a new brand, when your preliminary search reveals potential conflicts, when you’re operating in multiple countries, or when your business name is crucial to your success.

The cost of a professional trademark search typically ranges from $500 to $2,000, depending on scope. While that might seem expensive, it’s a small investment compared to the cost of rebranding or defending an infringement lawsuit. Professional searches also catch similar marks that amateur searchers often miss.

What a Comprehensive Trademark Search Includes

Professional trademark searches go far beyond what you can accomplish in a few hours with free databases. They include exhaustive searches of federal and state registrations, common law sources, phonetic and design code searches, international database checks, and analysis by experienced trademark professionals.

The findings will also be similarly impressive, including recommendations on whether your mark is likely to be registrable and what modifications might reduce conflict risk.

Getting a Legal Opinion on Risk and Registrability

Beyond search results, trademark attorneys provide legal opinions on whether you can safely adopt and register your proposed mark. They evaluate the likelihood of confusion, assess the strength of conflicting marks, identify potential arguments for coexistence, and recommend strategies for proceeding or modifying your mark.

Next Steps After Your Trademark Search

If your trademark search reveals no concerning conflicts, you can file your application before someone else adopts a similar mark. Still, continue monitoring trademark databases and marketplace use as your brand grows.

However, finding a match doesn’t always mean you must abandon your proposed mark entirely. Evaluate the severity of each conflict. You can try to modify your mark slightly to increase distinction, especially if the conflicting marks are not that closely related.

Sometimes adding a distinctive element, changing spelling, or combining words differently creates enough distance from existing marks. This is where professional legal advice becomes invaluable.

Monitoring Future Trademark Filings and Marketplace Use

Trademark searching isn’t a one-time deal. Even after you launch with a clear mark, competitors or startups might adopt similar marks. Ongoing monitoring of new trademark applications and marketplace use helps you catch potential conflicts early, when they’re easier and less expensive to address.

Common Mistakes to Avoid in Trademark Searching

Relying Only on Exact Match Searches

The biggest mistake in trademark searching is looking only for exact duplicates. Trademark law protects against confusingly similar marks, not just identical ones.

If your proposed mark is “TechStart,” searching only for that exact phrase misses “TekStart,” “Tech-Start,” “Technology Startup,” “TechStarter,” and other variations that could create legal conflicts. Think about how consumers would perceive and remember marks in actual use, not just how they appear in written form.

Ignoring Logos, Designs, and Stylized Marks

Text-only searches miss design marks that include similar wording or visual elements. Someone might have registered a stylized version of your proposed name, or a logo that combines your text with distinctive graphics. These design marks create just as much conflict potential as plain text trademarks.

Searching design elements requires understanding USPTO design codes and using image-based search tools. This complexity is why professional searches include comprehensive design mark searching that most business owners can’t effectively conduct themselves.

Overlooking Unregistered and Local Uses

Common law trademark rights don’t appear in official databases, but can still prevent you from using a mark. A local business operating without trademark registration has rights in its trading area that can block your national expansion into that region.

Comprehensive common law searching requires checking business registries, domain databases, social media, online marketplaces, and industry publications. It’s tedious and time-consuming, which is why many skip it only to discover conflicts later.

Assuming Registration or Domain Ownership Equals Trademark Rights

Owning a domain name or registering a business with the state doesn’t create trademark rights. Trademark rights come from actually using a mark in commerce to identify goods or services. Conversely, someone can have trademark rights without owning the corresponding domain or having a registered business entity.

Checklist for Seeing if Something Is Trademarked

Use this checklist to ensure comprehensive trademark searching:

1. Define exactly what you’re searching for (name, logo, slogan).
2. Identify relevant trademark classes for your goods or services.
3. Create a list of variations, spellings, and similar terms to search.
4. Search the USPTO database using TESS for U.S. federal trademarks.
5. Check the WIPO Global Brand Database for international marks.
6. Search relevant state trademark databases.
7. Investigate common law uses through Google, social media, and marketplaces.
8. Check domain registrations and WHOIS records.
9. Review business registries and corporate databases.
10. Document all searches, results, and similar marks found.
11. Evaluate the likelihood of confusion for any potentially similar trademarks.
12. Consider professional search services for comprehensive coverage.

When to Seek Professional Help and Ongoing Monitoring

Manual trademark searches provide a good starting point, but they have limitations. Professional trademark searches offer comprehensive coverage across multiple databases, expert analysis of conflict risk, and clear guidance on registrability.

Protect.TM searches trademark records across multiple countries and databases simultaneously, identifying not just exact matches but similar marks that could create legal conflicts. Our advanced search technology checks for phonetic similarities, design elements, and variations that manual searches often miss.

Beyond one-time searches, Protect.TM provides ongoing trademark monitoring that tracks new applications and marketplace uses. Instead of wondering whether someone filed a conflicting trademark after you launched, you’ll receive automatic alerts whenever potential conflicts appear. Our reports are organized for easy legal review, with clear risk assessments that help you make informed decisions.

Whether you’re launching a new brand, expanding internationally, or simply want peace of mind about your existing trademark, you can start protecting your brand with Protect.TM today.

Frequently Asked Questions

Where can I download a complete and up-to-date database of trademarked words?

You can’t download a complete database of all trademarked words because trademark protection is contextual and jurisdictional. The same word can be trademarked by multiple companies in different industries and countries.

When should I hire a trademark attorney or professional search service instead of doing the search myself?

Hire professional help when you’re investing significantly in a brand, when your preliminary search reveals potential conflicts, when you need international coverage, or when the consequences of infringement would be severe for your business. Professional searches cost $500-$2,000 but provide comprehensive coverage that amateur searches can’t match.

Are there any free online tools available for checking trademarks?

The USPTO’s Trademark Electronic Search System (TESS) is the primary free tool for U.S. federal trademarks. The WIPO Global Brand Database similarly provides free searching across multiple countries. EUIPO offers free searches for European Union trademarks. Most national trademark offices also provide free online search tools for their respective databases.

When is mentioning a trademark necessary?

You can generally mention trademarks when making factual statements, comparative advertising, or nominative use (referring to a trademarked product or service by its actual name when there’s no other reasonable way to identify it). For example, saying “Our software is compatible with Microsoft Windows” or “An alternative to iPhone” uses trademarks in permissible ways.