Checking Trademark Availability: A Practical Guide

Why Check Before You File

Filing a trademark application costs $250-350 per class. If a conflicting mark already exists, your application will be refused and you lose the fee. A thorough availability search takes 30 minutes and can save you hundreds of dollars and months of wasted time.

Step 1: Search the USPTO Database (TESS)

The Trademark Electronic Search System (TESS) is the USPTO's free database of registered and pending trademarks.

How to Search

Go to tess2.uspto.gov
Select "Basic Word Mark Search (New User)"
Enter your brand name
Review results for identical or similar marks

What to Look For

Exact matches in your goods/services category — this is a clear conflict
Similar-sounding names — "phonetic equivalents" can block your registration
Similar names in related categories — "likelihood of confusion" extends beyond identical classes
Dead marks — marks that have been cancelled or abandoned may still pose issues if the owner is still using them

Search Tips

Search for variations: singular/plural, with/without spaces, phonetic spellings
Use wildcard searches: "brand*" catches "brandname," "brandly," etc.
Check both "Live" and "Dead" marks — dead marks that are still in use retain common law rights

Step 2: Search State Trademark Databases

Federal registration (USPTO) isn't the only trademark system. Each state has its own trademark registry. A brand operating only within one state may have state-level trademark rights that don't appear in the USPTO database.

Most state registries are searchable online through the Secretary of State's website.

Step 3: Search Common Law Uses

A business can have trademark rights without any registration — simply by using a name in commerce. To find unregistered marks:

Google the name + your industry keywords
Search social media for businesses using the name
Check business directories (Yelp, Yellow Pages, industry-specific directories)
Search state business registries for entity names

A common law trademark won't appear in the USPTO database but can still block your registration if the owner challenges it.

Step 4: Search International Databases

If you plan to operate internationally, check:

WIPO Global Brand Database: globalbranddb.wipo.int (covers international registrations)
EUIPO TMview: Covers EU trademarks
Canadian Trademarks Database: ic.gc.ca
Country-specific databases for your target markets

Step 5: Analyze Likelihood of Confusion

Even if you don't find an exact match, your mark could be refused if it's "confusingly similar" to an existing mark. The USPTO considers:

Similarity of the Marks

Sound: Do they sound alike when spoken? ("Coach" vs "Koach")
Appearance: Do they look alike when written? ("Klear" vs "Clear")
Meaning: Do they mean the same thing? ("Monarch" vs "King")

Similarity of Goods/Services

Are the products/services related? (Clothing and accessories are related; clothing and industrial chemicals are not)
Would consumers expect them to come from the same source?

Strength of the Existing Mark

Famous marks (Nike, Apple) have broader protection
Descriptive marks have narrower protection

Clearance Levels

Green Light (Likely Available)

No identical or similar marks found in your category
No common law uses in your industry
Name is distinctive (not descriptive of your goods/services)

Yellow Light (Proceed With Caution)

Similar (not identical) marks exist in related categories
Dead marks exist that might still be in use
The name is somewhat descriptive

Red Light (High Risk)

Identical or very similar marks exist in your category
A famous mark exists regardless of category
The name describes your goods/services directly

Professional Trademark Searches

For high-stakes brand launches, consider a professional trademark search:

Comprehensive search reports: $300-1,000 from services like Corsearch, TrademarkNow, or CompuMark
Attorney-conducted searches: $500-1,500 including legal analysis
What you get: Deeper analysis including common law uses, international conflicts, and legal opinion on registrability

Quick Check First

Before diving into comprehensive searches, do a quick availability check across all channels. Use BrandScout to search trademark databases alongside domain and social media availability — giving you a fast initial read on whether your name is viable before investing in deeper analysis.