A Comprehensive Guide to Trademark Text Searches: Everything You Need to Know

A trademark search is a crucial step in protecting and establishing a strong brand identity. Before investing in branding, marketing, or legal protection, a thorough trademark search ensures your mark is available and doesn’t infringe on someone else's intellectual property. This guide will walk you through everything you need to know about trademark searches, from their importance and types to conducting one efficiently.

What is a trademark search?

A trademark search is an investigative process to determine if a particular name, logo, slogan, or other distinctive mark is already registered or in use by another entity. Conducting a trademark search helps avoid legal disputes, ensures brand uniqueness, saves time and money.

Types of trademark searches

Knockout search (preliminary search)

A basic search that checks exact matches for trademarks in the USPTO database. It’s a quick way to identify obvious conflicts.

Comprehensive trademark search

This in-depth search is conducted by the USPTO database for similar registered trademarks, common law trademarks, business directories, domain names, and social media to ensure the mark is available across platforms. Several online platforms offer trademark search services, including the USPTO database, trademark search engines, and other reliable third-party search tools. 

These engines help streamline the search process by providing access to extensive trademark databases.

International trademark search

If your business operates globally, checking international trademark databases, such as the WIPO (World Intellectual Property Organization) and the EUIPO (European Union Intellectual Property Office), is essential.

How to conduct a trademark search

Define your trademark elements

Before searching, identify your trademark's key aspects, including the wordmark (text-based name), logo, slogan, and design elements.

Use trademark search engines

Reliable trademark search engines allow businesses to efficiently check for existing trademarks across multiple jurisdictions. These tools provide a more detailed and automated search process compared to manual research.

Use the USPTO trademark electronic search system (TESS)

Visit the USPTO website and access the Trademark Electronic Search System (TESS). Choose the appropriate search option: basic word mark search or structured/free-form search. Enter variations of your trademark, including phonetic spellings and plural forms.

Search common law and unregistered marks

Even if a mark isn't in the USPTO database, it could still be protected under common law. Check Google and Bing search results, business directories like Yellow Pages and Crunchbase, and state trademark databases.

Check domain names and social media

Brand consistency across online platforms is crucial. Use domain registration websites like GoDaddy or Namecheap and social media platforms to ensure your mark is available.

Consult a trademark attorney

A trademark attorney can conduct an advanced search and provide legal guidance, increasing the chances of successful registration. The USPTO mandates that foreign-domiciled applicants must hire a US-licensed attorney. It’s not mandatory for those domiciled in the United States, but it is strongly recommended to navigate the registration process effectively.

What to do if your trademark is already taken

If your trademark is already taken, you can modify your mark with slight alterations to make it unique enough to register. You may also negotiate with the owner to purchase rights or license the mark. If a registered trademark is not in use, you can attempt to file a petition to cancel it.

What comes after a trademark search?

If your search confirms availability, apply for trademark registration with the USPTO. Regularly monitor trademark databases to prevent infringement on your registered trademark. Keep track of renewal deadlines to maintain trademark protection.

Secure your brand with confidence

A trademark search is the key to building a unique and legally protected brand. Ensuring your mark is available prevents potential conflicts and safeguards your business from costly legal battles.

For a comprehensive and hassle-free trademark search, Trademarkia offers a streamlined process. Simply fill out this online form with basic details about your mark and the products or services you offer. Our search extends across international, federal, state, common law, social media, and domain name databases. Plus, you receive a detailed attorney-reviewed report to identify potential conflicts.

To help you make informed decisions, Trademarkia offers expert legal guidance through a personalized video consultation and a free initial video session to assess risks and move forward with your trademark registration confidently.

Start your trademark search today and take the first step in protecting your brand's future.

Additional resources

• How to Apply for a Trademark: A Detailed Guide