The USPTO keeps your $350-per-class filing fee even if the examiner refuses your mark, and a name that is too close to an existing registered mark is one of the most common reasons it refuses applications. A trademark clearance search is how you find that conflict first. You can run the first round yourself for free. A full search that covers state records and unregistered use takes longer, and many owners pay a trademark attorney for it.
What a Trademark Clearance Search Checks That a Quick Search Misses
A quick search is what most people do first: type the exact name into the USPTO database and see if anything comes up, which catches identical registered marks and little else.
A clearance search looks for anything that could block your application or get you sued. The USPTO recommends checking these sources before you file:
| Source | What it finds | Does the USPTO examiner check it? |
|---|---|---|
| USPTO federal database | Registered marks and pending applications | Yes |
| State trademark registries | Marks registered with a state, not federally | No |
| Business name registries | Company names that may also be used as brands | No |
| The internet, marketplaces, and social media | Unregistered brands already in use | No |
| Foreign databases | Marks registered in other countries | No, unless a foreign owner files in the US |
State registrations and unregistered brands can still stop you even though the examiner never sees them. A business that has used a name locally for years without registering it has common law rights, which are trademark rights that come from use alone. If that use started before yours, the owner can sue you even after you get a federal registration.
How to Do a Trademark Search in the USPTO Database
The USPTO’s free search tool is called Trademark Search, at tmsearch.uspto.gov. It replaced the old Trademark Electronic Search System (TESS) on November 30, 2023. It has a basic search box and an expert mode for more precise searches.
To check a name in the USPTO database:
- Search the exact wording of your name.
- Search each distinctive word in the name on its own. For “Blue Heron Coffee,” search “heron” and “blue heron” as well as the full phrase.
- Use wildcards to catch versions with extra words or letters at the start or end. The USPTO’s example is
CM:/.*uspto.*/, which finds any mark that contains “uspto.” - Search spelling variations and sound-alikes (see the next section).
- Open each result that looks close and read the goods and services listed.
- Note whether each result is live (pending or registered) or dead.
Do not filter your results too tightly by class. Marks in different classes can still conflict when the goods are related, such as coffee (Class 30) and coffee shops (Class 43).
Trademark Phrase and Slogan Searches
A trademark phrase search or trademark slogan search works the same way as a name search. Search the full phrase, then the key words in it, then the phrase with its most distinctive word swapped for a close synonym. A search on the two or three strongest words also finds slogans that use the same words in a different order.
Trademark Logo Searches
A trademark logo search uses design codes instead of words. The USPTO assigns each design element a number from its Design Search Code Manual, such as a code for birds. Look up the codes that describe your logo, search each one, and then combine codes to narrow the results. If your logo includes words, search the words too, because the examiner compares the words as well as the design.
Searching Similar Names, Spellings, and Sounds
The USPTO says marks can be confusingly similar if they look alike, sound alike, have similar meanings, or create a similar overall impression.
For each name, search:
- Alternate spellings, such as “Kwik” for “Quick” or “Lite” for “Light”
- Words that sound the same when spoken, such as “Fonix” and “Phonics”
- Plural and singular forms
- The name with spaces removed or added, such as “BlueHeron” and “Blue Heron”
- Translations, if the name uses a foreign word or your customers speak another language
- Synonyms that give the same meaning, such as “Heron” and “Crane”
The question behind every search is likelihood of confusion: would customers think your goods and another company’s goods come from the same source? The examiner weighs how similar the marks are and how related the goods or services are, and the guide to trademark infringement explains how courts apply the same test.
Checking State Registrations and Unregistered Use
The USPTO’s clearance page links to trademark registries for all 50 states, Washington, D.C., and Puerto Rico. Search the state where you operate and any state where you plan to sell. Most states also have a business entity search on the Secretary of State website, which shows company names that may also be used as brands.
For unregistered use, search the internet the way a customer would. Use more than one search engine, and search your name together with words that describe what you sell (“heron coffee,” “heron roasters”). Then check:
- Amazon, Etsy, and other marketplaces where your product would be sold
- Instagram, TikTok, Facebook, and LinkedIn
- Domain names with your name and common endings
- Local business listings in maps apps
Can You Trademark a Name That Already Exists?
Yes, if the existing mark is used for unrelated goods or services and customers are unlikely to connect the two. A bakery called Heron and an accounting software company called Heron can usually both register the name, because nobody expects a bakery to sell software.
The answer changes when the goods are related or the existing mark is famous. A candle maker and a soap maker sell goods close enough that the second one to file under the same name will likely be refused. A famous mark, one that most people in the US would recognize, gets broader protection under federal dilution law (15 U.S.C. § 1125(c)), which lets its owner stop uses on unrelated goods even without confusion.
USPTO Dead Trademarks: If a Trademark Is Dead, Can You Use It?
Sometimes, but a dead record does not prove the name is free. A dead mark in the USPTO database is an application that was abandoned or a registration that was cancelled or expired. Only live applications and registrations can block your federal application, so the examiner ignores dead records.
The USPTO warns that dead marks can still cause legal problems if the owner keeps using them. Records often die for paperwork reasons: an owner misses a deadline to answer the examiner, or forgets to file the maintenance documents that keep a registration alive. The business may still be selling under the name every day, and its common law rights continue as long as it does.
Under 15 U.S.C. § 1127, a mark is legally abandoned when the owner stops using it and does not intend to resume. Three consecutive years of nonuse is presumed to be abandonment. Before you adopt a name with a dead record:
- Check the record’s status history in the USPTO database to see why it died.
- Search the internet and marketplaces for current use of the name.
- Look for a newer live application from the same owner, who may have refiled.
If the owner has stopped using the name for years and nobody else uses it for similar goods, the name may be available. If the owner is still selling, treat the mark as live.
Reading the Results: Knockout vs. Full Search
A knockout search is a fast screen for identical and near-identical marks in the federal database. Its job is to rule out bad names early, before you spend money on a full search. The steps in the USPTO section above are a knockout search you can run yourself.
A full or comprehensive search adds state registries, business names, domain names, and common law use, and often foreign databases. A trademark attorney then reviews the results and gives an opinion on the risk.
When you review your own results, sort each close hit into one of three groups:
| What you found | What it usually means |
|---|---|
| Similar mark, unrelated goods, no sign of confusion | Low risk; keep checking other sources |
| Similar mark, related goods, live record or active use | High risk; consider another name |
| Similar mark with a dead record | Check for current use before deciding |
Trademark Search Cost: When to Pay for a Professional Search or Legal Opinion
The USPTO search tool is free, and so are state registries and internet searches. The cost of professional help depends on how deep the search goes and whether an attorney writes an opinion.
| Search type | Typical attorney fee | What you get |
|---|---|---|
| Knockout search | About $500 to $650 | A federal database check for identical and near-identical marks |
| Comprehensive search with written opinion | $675 to $2,250 | Federal, state, and common law searching, plus the attorney’s opinion on risk |
These ranges come from flat-fee schedules that trademark attorneys publish. The broader guide to trademark attorney cost shows how search fees fit with filing and office action fees.
A self-search is reasonable when the name is unusual, you sell in one local market, and your knockout search found nothing close. Paying for a comprehensive search makes more sense when:
- You plan to spend real money on packaging, signage, or a website under the name
- You sell nationally or online
- The knockout search found similar marks and you cannot tell if the goods are related
- The name uses common words that many businesses use
Most of what you pay an attorney for is the opinion: a search report lists every similar mark it finds, and the attorney tells you which ones matter and why. The guide to what a trademark attorney does covers the rest of their work. If you plan to file the application yourself, the article on trademarking a name for free compares self-filing with hiring an attorney.
Once the name clears, the next step is the application itself. The guide on how to trademark a business name walks through choosing classes, describing your goods, and filing with the USPTO.