How can I tell if a logo is trademarked?
Asked by: Margarete Wilderman | Last update: April 12, 2026Score: 4.4/5 (62 votes)
To check if a logo is trademarked, search the USPTO's TESS database using keywords or design codes for federal protection, check state databases (like your Secretary of State's site) for local use, and use Google Images or TinEye for a broader visual search, remembering that similar logos for related goods/services can still cause issues, so a professional search is often best.
How do I check if a logo is trademarked?
Check the Trademark Status & Document Retrieval (TSDR) system for the status of any registered or pending trademarks. TSDR is ONLY available on the USPTO Website. Records retrieved using the Trademark Search database have links to the status information.
How do you check your logo for copyright?
Go to the USPTO website: www.uspto.gov. Click on the Search Trademarks link to access TESS. Choose the Basic Word Mark Search or the Design Search Code Manual for logos. Enter keywords related to your logo's design, such as shapes, symbols, or specific text elements.
How to check trademarks for free?
You can also search your trademark through the Trademark Search System, the USPTO's trademark database. How long does it take to receive trademark search results? Most free basic search tools will return instant results, which can be sufficient for a preliminary search.
Can I do a TM search myself?
Yes, you can do a basic trademark (TM) search yourself for free using the United States Patent and Trademark Office (USPTO) website, checking for exact matches and similar names for your goods/services, but it's challenging to find all similar marks (confusingly similar), unregistered (common law) marks, or international conflicts, so a professional search by an attorney is recommended for comprehensive clearance to avoid costly application rejections or disputes later, notes LegalZoom and Brown & Michaels, PC.
How to check if a logo already exists and if it is trademarked - Logo search tips
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
What is stronger, TM or R?
Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.
What cannot be trademarked?
The following things cannot be registered as trademarks: Deceptive Words, Names, Phrases, Slogans (they are misleading) Merely Descriptive Words (e.g., Best ice cream, Red car) Merely Decorative Features (they don't identify source)
How much does a trademark search cost?
There are two tiers of trademark search: High-level (basic brand search of trademark records at the USPTO): $500. Comprehensive (includes search of USPTO trademark records, search of state trademark registries, and unregistered uses found online): $1,800.
How to find out if something is copyrighted?
To check copyright, use the U.S. Copyright Office Public Records Portal for official registration details by searching title, author, or number, or look for metadata/notices directly on the work; for online content, check platform tools like YouTube Studio, but remember most creative works are automatically copyrighted upon creation, with official records for registered works.
Is a logo automatically copyrighted?
Is a logo subject to copyright? Yes. A logo that includes artistic or design elements, (i.e. not just the name on its own), is legally regarded as being a work of artistic creation and therefore will be protected under copyright law. Copyright protects the logo as an artistic work.
How much does a copyright checker cost?
The U.S. Copyright Office offers a search service for persons interested in investigating whether a work is under copyright protection and, if so, the facts of the copyright. For a fee of $200 per hour or fraction thereof (2 hour minimum), the office will search its public records and provide a report of its findings.
What is the 3 month rule for copyright?
The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP.
What makes a logo trademarked?
The United States Patent and Trademark Office (USPTO) defines a trademark as “any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.” The USPTO goes on to say that a trademark “provides legal protection for your brand” and “helps you guard against counterfeiting and ...
How to check if a logo is taken?
Free, official databases like USPTO's TESS, WIPO, and EUIPO make it easy to see if your name, logo, or slogan is already in use. Keep monitoring your trademark after registration to maintain your rights and safeguard your brand as you grow.
How do you check if a brand has been trademarked?
To check if a name is trademarked, search the USPTO's TESS database for federal marks, check your state's Secretary of State website for business name registrations, and conduct broad Google searches for common law usage, keeping in mind that you need to search for similar spellings and consider the class of goods/services for related potential conflicts, and you might need to consult a trademark attorney for complex cases.
Is it better to copyright or trademark a logo?
You should primarily trademark a logo to protect its use as a brand identifier in commerce, preventing consumer confusion, while copyright protects the artistic expression of the logo as a creative work, though many basic logos don't meet copyright's originality threshold, making trademark registration the key for brand protection. Some complex logos might qualify for both, but trademarking is generally the preferred and stronger route for commercial branding.
Can I search a trademark for free?
Yes, you can search for trademarks for free using government databases like the United States Patent and Trademark Office (USPTO) search system, which provides access to registered and pending applications. You can also find free tools and databases for basic searches on sites like LegalZoom or Trademarkia, and international searches through WIPO's Global Brands Database. While free searches are great for initial checks, a comprehensive search for similar names, logos, or related goods often requires a professional trademark attorney to avoid costly disputes.
How long does a trademark last?
Trademarks do not have expiration dates.
A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).
What is the rule 37 of trademarks?
Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...
What are the 4 types of trademarks?
The four main types of marks registered with the USPTO are Trademarks, Service Marks, Certification Marks, and Collective Marks; however, marks are also categorized by strength (fanciful, arbitrary, suggestive, descriptive, generic), which determines protection levels, with fanciful (like Kodak) being strongest and generic (like "Aspirin") having none.
What word did Kim Kardashian try to trademark?
Kim Kardashian is again brewing up a social media storm – this time over her application to trade mark the word “Kimono” for her new range of shapewear.
How do I register a logo?
Apply online. As of January 18, 2025, Trademark Center is where you can file a new trademark application, pay application-related fees, and use the docketing feature to track the status of applications filed through Trademark Center. See more about trademark fee information.
What names cannot be trademarked?
You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.
Can I put TM on my logo without registering?
If you want to claim a mark as your own before it has been officially registered, you can use the trademark symbol if you sell goods, ™, or the service mark symbol if you sell services, SM. You can use these even if you have not filed an application to register your mark.