What to expect
Searching for conflicting marks before you apply is called a “clearance search.”
Trademark Search
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
- Live
A trademark that meets all three criteria will prevent your trademark from being registered because it creates a likelihood of confusion.
Other resources
Depending on what trademark material you are looking for, there are a number of different areas to perform a Search.
Design Search Code
If your mark includes a design element, you must search using a design code. The USPTO assigns all marks containing design figurative elements a 6-digit numerical code(s) for searching purposes. A design code search is also conducted using TESS.
Patent and Trademark Resource Center
The Trademark Electronic Search System (TESS) is available in all PTRCs. Also, these libraries have CD-ROMs containing the database of registered and pending marks; however, the CD-ROMs do not contain images of the design marks.