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How to Do a USPTO Trademark Search
A step-by-step guide to checking whether your brand name is available, based on the USPTO's own search guidance.
Use the free search builder to create the exact searches to paste into the USPTO system, and the fee estimator to see the government filing fees before you apply. Updated October 2026.
The two questions every search answers
The USPTO asks you to look at each trademark in your results with these two questions in mind.
- Is the trademark confusingly similar to yours? Trademarks may be confusingly similar if they look alike, sound alike, have similar meanings, or create similar commercial impressions.
- Are the goods or services related to yours? They may be related if they are used or sold together, used by the same purchasers, advertised together, or sold by the same manufacturer or dealer. They do not have to be in the same international class.
If the answer is yes to both for a live trademark, there may be a likelihood of confusion, which means you might not be able to register yours.
Six steps to search the USPTO database
- 01
Open the search system
Go to tmsearch.uspto.gov, the USPTO's free trademark search system. It replaced the older TESS system.
- 02
Search your exact wording
Search the combined mark field for your exact words, for example CM:"your mark". This is a knock-out search, but do not stop there.
- 03
Expand the search
Find marks that contain your words with other words or characters around them, for example CM:/.*word.*/.
- 04
Try other spellings
Search alternative spellings and pronunciations. A customer might pronounce your mark differently than you do.
- 05
Search your design
If your mark has a logo, look up each prominent element in the Design Search Code Manual and search by design code, for example DC:050101.
- 06
Review each result
Click any mark to open its record in TSDR. Check whether it is live or dead and what goods or services it covers.
Free search builder
Type the words in your brand name. The builder writes the searches in the format the USPTO system uses, so you can copy each one and paste it into the search bar.
After these, search alternative spellings and pronunciations of each word, then review every live result for related goods or services. To combine searches, use the "Expert" mode described in the USPTO search system's help section. Nothing you type here is sent or saved.
Tips from the USPTO
- Start narrow, then broaden. Search for marks that are almost exactly the same, then very similar, then less similar.
- Skip results you have already reviewed. Add AND NOT and the number of an earlier search to leave out marks you have already seen.
- Only narrow by goods or services if you must. If you narrow by international class, you will not see marks used on related goods or services in a different class.
- Focus on live marks, but do not ignore dead ones. Only live applications and registrations can block your registration, but a mark on a dead record may still be in use and carry common-law rights.
Beyond the USPTO database
A comprehensive clearance search checks more than federal records, because someone may already be using a similar name without registering it.
- The USPTO trademark search system, for federally registered and pending marks
- The Trademark Official Gazette, the USPTO's weekly publication of Principal Register marks that received preliminary approval for registration
- State trademark and business records, including the Connecticut Secretary of the State
- Domain name registries
- WIPO's Madrid Monitor and Global Brand Database for international marks
- Internet search engines, social media, and online marketplaces for unregistered use
At a minimum, the USPTO recommends checking its database, the Official Gazette, and the internet for common-law use.
What a search can and cannot tell you
- It cannot promise registration. A search helps you make an informed decision, but it cannot give a clear-cut answer, and the USPTO does not refund filing fees if your mark is refused.
- The examiner searches too. After you file, a USPTO examining attorney does their own search and may reach a different conclusion than you did.
- A registered conflicting mark means a refusal. If your mark creates a likelihood of confusion with a registered mark, the USPTO will refuse your application.
- An earlier pending conflicting mark means a wait. If the conflicting mark is in an application filed before yours, your application is suspended until that application is decided.
How to trademark a business name · Already received a refusal?
USPTO trademark fees, as of October 2026
Government fees for electronic filing, set by the USPTO. These are separate from attorney fees.
Filing fee estimator
Estimate of USPTO government fees only. It assumes a complete application and a free-form description under 1,000 characters per class. It does not include the $100 per class insufficient information surcharge, extension requests, or attorney fees.
USPTO trademark fee table
| Filing | Fee |
|---|---|
| Base application | $350 per class |
| Insufficient information surcharge | $100 per class |
| Free-form description instead of the ID Manual | $200 per class |
| Each additional 1,000 characters of free-form description | $200 per class |
| Extension of time to respond to an office action | $125 |
| Petition to revive an abandoned application | $250 |
| Statement of use or amendment to allege use | $150 per class |
| Six-month extension to file a statement of use | $125 per class |
| Section 8 declaration of use | $325 per class |
| Section 15 declaration of incontestability | $250 per class |
| Combined Section 8 declaration and Section 9 renewal | $650 per class |
| Grace period surcharge, Section 8 or Section 9 | $100 per class, each |
Source: USPTO fee schedule, effective January 19, 2025, last revised August 14, 2026. Fees for electronic filing.
Common questions
Is a USPTO trademark search free?
Yes. Searching the USPTO trademark database at tmsearch.uspto.gov is free. USPTO fees apply when you file an application or another document.
What happened to TESS?
The USPTO retired the Trademark Electronic Search System (TESS) on November 30, 2023, and replaced it with its current trademark search system at tmsearch.uspto.gov.
If my search finds no conflicts, will my trademark be registered?
Not necessarily. A USPTO examining attorney does their own search after you file and may reach a different conclusion, and an application must also meet every other legal requirement for registration. The USPTO does not refund filing fees if a mark is refused.
Do dead trademarks matter?
Only live applications and registrations can block your registration. A mark on a dead record may still be in use, though, and its owner may have common-law rights based on that use.
How much does it cost to file a federal trademark application?
As of October 2026, the USPTO base application fee is $350 per class of goods or services. Surcharges apply for an application with insufficient information ($100 per class), for a free-form description instead of the ID Manual ($200 per class), and for each additional 1,000 characters of free-form description ($200 per class).
Want a second opinion on your results?
Clearance searches can be complex, and the USPTO itself suggests considering a private trademark attorney. I can run a comprehensive clearance search, explain the results, and file your application nationwide.
The consultation is free. Government fees shown are set by the USPTO, are current as of October 2026, may change, and are your responsibility. Other third-party costs, such as professional search, records, certified-copy, courier, or postage fees, are also your responsibility and are passed through at cost. Harborage Law does not handle court or litigation matters, so your matter will not involve court costs or litigation expenses.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Attorney Tony N. Woolard is admitted to the Connecticut bar (Juris No. 442912) and is registered to practice before the United States Patent and Trademark Office (Reg. No. 79,956). Federal trademark services are available to clients nationwide.