Trademark Search: How to Search Properly Before You File

Search guide

Trademark search: how to search properly before you file

Most refused applications fail on a conflict that a better search would have found. This guide covers the three depths of search, the variations to try, how to use the USPTO's current Trademark Search system, and how to read what comes back.

northpeak OR north peak OR nor*peakSearch

By , Business Growth Expert · Verified and checked on October 22, 2026

Short answer

Search the USPTO's free Trademark Search system at tmsearch.uspto.gov, which replaced the old TESS database. Search more than the exact spelling: try phonetic variants, singular and plural forms, split and joined words, and translations. Then check related goods and services, not just your own class. Finally, look beyond the federal register at state filings, business names and marketplaces, because unregistered users can have rights too. An identical or near-identical mark for related goods is a stop sign.

How deep should a trademark search go?

1

Knockout search

Exact and obvious matches in the USPTO database and a web search. Minutes, and catches the clear conflicts.

2

Full USPTO search

Sound-alikes, spelling variants, translations, design marks and related classes in the federal database.

3

Comprehensive search

Adds state registrations, business name records, domains, marketplaces and common law use. Unregistered users can still have prior rights.

Each level catches problems the one above misses. A knockout search is enough to throw out a name. It is not enough to be confident about one. Our free trademark search covers the first level, and our Comprehensive Direct Conflict Search goes further.

Which variations should you search?

The USPTO compares marks by sight, sound and meaning, not just spelling. So your search should too. Using a made-up example name, NORTHPEAK:

TryExample
Exact nameNORTHPEAK
Split and joinedNORTH PEAK, NORTH-PEAK
Sound-alikesNORTHPEEK, NORTHPIQUE
Singular and pluralNORTHPEAKS
WildcardsNORTH*PEAK, NOR?PEAK
TranslationsNORTE PICO (Spanish), if your market uses it
Key word alonePEAK in your class, to see how crowded it is

NORTHPEAK is invented for illustration and has not been searched.

  1. 01

    Open Trademark Search

    Go to tmsearch.uspto.gov. Signing in with a USPTO.gov account helps when the system is busy.

  2. 02

    Run the name and its variants

    Start broad, then narrow down. The system supports field tags and pattern matching for more precise searches. The USPTO publishes handouts on both.

  3. 03

    Filter to live marks first

    Live applications and registrations are the immediate risks. Look at dead marks too: a recently abandoned mark can be revived.

  4. 04

    Check related goods and services

    Use the USPTO’s coordinated classes to see which other classes are commonly treated as related to yours.

  5. 05

    Search logos by design code

    If your logo has a distinctive image, look up its design codes in the Design Search Code Manual and search those.

  6. 06

    Record what you found

    Save the serial numbers of anything close. They matter if you later talk to an attorney or receive an Office Action.

The old TESS database was retired at the end of 2023. Guides that tell you to use TESS are out of date.

How do you read your search results?

Stop and rethink

  • A live mark that looks or sounds the same, for the same or related goods
  • A famous brand with a similar name, in any field
  • An earlier business clearly using the name in your market, even if unregistered

Usually workable

  • Similar names only for clearly unrelated goods
  • Long-dead marks with no sign of current use
  • A shared common word in a crowded field, if the rest of your name is distinctive

The deciding test is likelihood of confusion: would buyers think the two come from the same source? If you find a close call, that is the moment to consider a trademark attorney's opinion, before you invest in branding. For a quicker yes-or-no check, see how to check if a trademark name is taken. Once your search comes back clear, you can move on to filing your application.

Want the deeper search done for you?

See the comprehensive search

Trademark search questions

Where can I do a free trademark search?

On the USPTO’s Trademark Search system at tmsearch.uspto.gov, which covers federal applications and registrations. It does not cover state registrations or unregistered use, so a web and marketplace search is also worth doing.

Is TESS still available?

No. The USPTO retired TESS at the end of 2023 and replaced it with the Trademark Search system.

Is an exact-match search enough?

No. The USPTO compares marks by sight, sound and meaning, so you should also search spelling variants, sound-alikes, plurals, translations and related classes.

Does a clear search guarantee my trademark will be approved?

No. A search lowers the risk, but the USPTO examining attorney makes the decision, and refusals can also be based on descriptiveness or other grounds.

Should I search state trademarks and business names too?

Yes, especially before a big launch. Unregistered businesses using a name first can have common law rights in their area, even without a federal registration.

Legal disclaimer: This guide is general information, not legal advice. Secure Mark USA is a trademark filing service, not a law firm. Our searches identify potential conflicts but are not legal opinions on registrability or infringement. For an opinion on a close conflict, consult a licensed trademark attorney.

Sources

Verified and checked on October 22, 2026.

About the author:

Bill is a Business Growth Expert at Secure Mark USA with two years of Business Growth experience. He works daily with our technical team and senior case analysts to optimize our automated platform, ensuring e-commerce entrepreneurs can seamlessly discover, search, and secure real-time trademark protection. Every fee and deadline in his guides is checked against USPTO sources before publication. This article is for informational purposes only and is not legal advice; Bill is not an attorney.