Is there a free trademark search?
Asked by: Prof. Briana Stracke I | Last update: April 15, 2026Score: 4.8/5 (6 votes)
You can do a free trademark search using the USPTO's Trademark Electronic Search System (TESS), which searches federal registrations and applications, or use other free online tools that offer basic federal searches, but a truly thorough search for unregistered ("common law") or state-level marks often requires paid services or more advanced, time-consuming manual searching.
Can I do a trademark search 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 can I check if a name is 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.
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 do I check if my company name is trademarked?
To check if a business name is taken, search your state's business entity database (usually available on the Secretary of State's website). You should also check trademark databases such as the USPTO to avoid legal conflicts.
How to Do a Trademark Clearance Search Online for FREE!
How much does it cost to trademark a name?
Trademarking a name costs between approximately $225 to $400+ for the initial U.S. federal application fee per class of goods/services, with common options like TEAS Plus at $225 and TEAS Standard at $350+ through the USPTO. Total costs vary significantly, potentially reaching several hundred to thousands with attorney fees, clearance searches, and future maintenance fees (due years 5-6 and every 10 years).
How can I check if a company name is available?
To check business name availability, search your state's Secretary of State database, the USPTO trademark database, social media, and for domain names, ensuring it's unique and doesn't conflict with existing businesses or trademarks, as a name available with the state isn't guaranteed to be trademark-free or usable, say experts at LegalZoom and the SBA.
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.
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).
How to check if a name is available for a brand?
To check brand name availability, perform broad online searches (Google, social media, marketplaces), then search official databases like the USPTO TESS system (for federal trademarks in the U.S.) and your Secretary of State's website (for state-level business registration), and check for domain names and social handles; these steps help avoid conflicts and build brand protection.
What are the 7 types of trademarks?
There isn't a single, universally agreed-upon list of exactly "7 types," as classifications vary, but common categories focus on what is protected (words, shapes, sounds) or strength/function (fanciful, descriptive), with key types including Word Marks, Service Marks, Logos/Device Marks, Color Marks, Sound Marks, Shape Marks, Certification Marks, Collective Marks, Trade Dress, Pattern Marks, Motion Marks, & Hologram Marks, often categorized by strength like Fanciful, Arbitrary, Suggestive, Descriptive, and Generic.
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)
Is it better to trademark or LLC?
An LLC protects personal assets from business liabilities (legal structure), while a trademark protects brand identity like names, logos, and slogans from copycats (intellectual property); they serve different roles, with an LLC forming the business foundation and a trademark safeguarding its brand, often used together for comprehensive business protection. Forming the LLC first offers a legal entity, but registering the trademark first secures brand rights earlier, with many recommending an availability search before either.
How do I check if a name is 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 Google Patents search free?
Yes, Google Patents search is completely free, offering a user-friendly interface to search millions of patents from around the world, making it a powerful tool for prior art searches, competitive analysis, and general technical research without cost. While excellent for initial discovery and understanding existing technology, professional patent searches for high-stakes legal matters might still require paid databases due to potential limitations in real-time updates or data integrity for critical analyses.
Can I trademark a name myself?
Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.
Can I use brand registry without a trademark?
To enroll a brand in Brand Registry, your brand must have an active registered trademark or a pending trademark registration.
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.
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.
Can I put a Nike logo on a shirt for personal use?
Keep in mind that a trademark is different from copyright and offers protection to words, phrases, symbols, and designs that identify goods and services like Nike's “swoosh” or their slogan “Just Do It.” Using a trademarked logo without permission, even if it's for personal use, can also result in legal issues.
How much does it cost to trademark my logo?
Trademarking a logo costs at least $350 for basic government filing fees per class of goods/services, but total costs often range from a few hundred to several thousand dollars, including optional trademark searches (hundreds of dollars) and using an attorney (adding $500-$1,000+), with recurring fees for maintenance. The core USPTO filing fee is $350 per class using the online TEAS system, but a professional search and legal help significantly increase the price.
What names to avoid for LLC?
You should avoid LLC names that are misleading, include restricted words like "bank" or "insurance" (unless licensed), contain offensive language or suggest illegal activity, are too similar to existing trademarks, imply professional licensing you don't have (like "CPA"), or use overused clichés (like "Apex" or "Pinnacle"). Always check your state's specific rules and ensure the name isn't already registered or trademarked.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
What does DBA stand for?
DBA means "Doing Business As," a legal registration for a business using a name different from its official legal name, also called a fictitious or assumed name, helping consumers know the real owner, while it can also stand for Doctor of Business Administration, a professional doctorate for business leaders. Businesses use DBA to create brand names (e.g., "Superlative Salon" for John Doe's LLC) or for sole proprietors using a business name instead of their own (e.g., Pat Sanders as "Perfect Pavers").