Before you apply, you should search the USPTO's trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is:
- Similar to your trademark
- Used on related products or for related services, and
A trademark that meets all three criteria will prevent your trademark from being registered because it creates a likelihood of confusion.
Search our trademark database (TESS)
What to expect
Searching for conflicting marks before you apply is called a “clearance search.”
Include other sources in your clearance search
Searching is only one part of a thorough clearance search.
There may be trademarks that are not in our database that have rights over yours. Check other sources, such as state trademark databases and the internet.
Registration is not guaranteed
We will carefully examine your application to see if your prospective trademark meets the requirements for federal registration.
CIPO Canada Trademark Search: Quick name search at the free canadian trademark database
Although this includes doing our own database search, there are many considerations. We may find a conflicting mark or another legal issue that bars your registration.
Private trademark attorneys
If you are an applicant, registrant, or party to Trademark Trial and Appeal Board proceedings domiciled in the United States or its territories, you are not required to have a U.S.-licensed attorney represent you at the USPTO.
However, deciding what to search for and interpreting your results can be complicated. There are many factors to consider in determining likelihood of confusion.
We can’t advise you on how to do a clearance search for your mark, do one for you, or interpret your search results. Therefore, we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process.
If you are a foreign-domiciled applicant, registrant, or party to Trademark Trial and Appeal Board proceedings, you must be represented at the USPTO by an attorney who is licensed to practice law in the United States.
See the why hire a private trademark attorney