How to Check Trademark Status

Understanding how to check trademark status is a critical skill for entrepreneurs, brand owners, legal professionals, and anyone involved in product development, marketing, or intellectual property management. A trademark is more than just a logo or brand name—it represents the reputation, trust, and legal rights associated with a product or service. Before investing time and capital into branding, packaging, or advertising, it is essential to verify whether a desired mark is already in use or registered by another party. Failing to do so can lead to costly legal disputes, rebranding expenses, or even injunctions that halt business operations.

Checking trademark status ensures that your chosen brand identity is legally available and reduces the risk of infringement. It also helps you understand the scope of existing protections, identify potential conflicts early, and make informed decisions about filing your own trademark application. Whether you’re launching a startup, expanding into new markets, or defending your brand against unauthorized use, knowing how to check trademark status empowers you to act strategically and protect your intellectual property effectively.

This guide provides a comprehensive, step-by-step walkthrough of how to check trademark status across major jurisdictions, best practices for thorough clearance, recommended tools and databases, real-world examples, and answers to frequently asked questions. By the end of this tutorial, you will have the knowledge and confidence to conduct professional-grade trademark searches with precision and efficiency.

Step-by-Step Guide

Checking trademark status is not a one-size-fits-all process. The method varies depending on the country or region where you seek protection. However, the core principles remain consistent: identify the mark, locate the relevant trademark database, conduct a thorough search, interpret the results, and take appropriate action. Below is a detailed, actionable guide to help you navigate this process with confidence.

1. Identify the Exact Mark You Want to Search

Before beginning any search, clearly define the trademark you are investigating. This includes the exact wording, spelling, punctuation, and any stylization or design elements. For word marks, consider variations such as plurals, abbreviations, misspellings, and phonetic equivalents. For example, if you’re searching for “TechNova,” also check “Tech Nova,” “Technova,” “TechNovas,” and “Tek Nova.”

For logos or design marks, note the key visual components: shapes, colors, fonts, and layout. While text-based searches are easier to conduct, design marks require visual comparison tools, which are available in advanced databases like the USPTO’s Trademark Design Search or EUIPO’s TMview.

Document every variation you plan to search. This will ensure you don’t overlook potentially conflicting marks during your investigation.

2. Determine the Relevant Jurisdiction

Trademarks are territorial. A mark registered in the United States offers no protection in the European Union, and vice versa. You must identify where you plan to use or expand your brand and search within those jurisdictions.

Common jurisdictions include:

• United States – United States Patent and Trademark Office (USPTO)
• European Union – European Union Intellectual Property Office (EUIPO)
• United Kingdom – UK Intellectual Property Office (UKIPO)
• Canada – Canadian Intellectual Property Office (CIPO)
• Australia – IP Australia
• International – World Intellectual Property Organization (WIPO) via the Madrid System

If you plan to operate globally, consider searching in multiple jurisdictions. Even if you’re only launching locally, check neighboring countries where cross-border sales or online traffic may create confusion.

3. Access the Official Trademark Database

Each jurisdiction maintains a publicly accessible trademark database. These are the most reliable sources for up-to-date and accurate information. Avoid relying solely on third-party sites, as they may not reflect real-time status changes.

For the United States, visit the USPTO’s Trademark Electronic Search System (TESS) at https://tmsearch.uspto.gov. For the EU, use EUIPO’s TMview at https://www.tmdn.org/tmview. For the UK, go to the UKIPO’s online search tool at https://www.gov.uk/search-for-trademark.

Most databases offer both basic and advanced search options. Beginners should start with a basic word or phrase search. Advanced users can filter by status, class, applicant name, or filing date to narrow results.

4. Conduct a Basic Word Mark Search

In the database, select the “Basic Word Mark Search” option. Enter your mark exactly as you intend to use it. Use quotation marks for exact matches (e.g., “BlueWave”) to avoid partial matches. If the system allows, select “All Mark Types” to include both word and design marks.

Review the results carefully. Look for identical or confusingly similar marks in the same or related classes of goods and services. Trademark law protects against consumer confusion, so even if a mark is not identical, it may still conflict if it’s used for similar products.

For example, “Apple” is registered for computers (Class 9) and music (Class 41), but not for fruit (Class 31). However, if you plan to sell “Apple” branded fruit, you may still face legal challenges due to the fame of the Apple brand.

5. Search by International Classification (Nice Classification)

Trademarks are registered under specific classes defined by the Nice Classification system, which groups goods and services into 45 categories. Your search must include the classes relevant to your business.

For instance:

• Class 9: Computers, software, downloadable apps
• Class 25: Clothing, footwear, headgear
• Class 35: Advertising, business management, retail services
• Class 41: Education, entertainment, streaming services

Use the database’s classification filter to search within your relevant class or classes. If you’re unsure which class applies, consult the official Nice Classification guide or use the USPTO’s ID Manual for guidance.

Never limit your search to just one class. Many conflicts arise when a mark is registered in a closely related class. For example, a fitness app (Class 9) and a fitness coaching service (Class 41) may be considered related enough to cause confusion.

6. Conduct a Design Mark Search (if applicable)

If your trademark includes a logo, icon, or stylized design, you must perform a design search. This requires using a visual code system, such as the Vienna Classification, which categorizes design elements into codes.

On the USPTO’s TESS, select “Design Search Code Manual” to find the appropriate code for your logo’s elements (e.g., “11.2.1” for a star, “26.1.1” for a circle). Then use the “Design Search Code” field to search for matching marks.

Alternatively, use EUIPO’s TMview, which allows you to upload an image for a reverse image search in some jurisdictions. While not all databases support this, it’s a powerful tool where available.

7. Analyze the Status of Each Result

Each trademark result includes critical status information. Key statuses to look for:

• Registered – The mark is active and protected. Avoid using it.
• Published for Opposition – The mark is pending approval. You may file an opposition if you believe it conflicts with your rights.
• Application Filed – The mark is under review. It may still be approved, so proceed with caution.
• Abandoned – The application was withdrawn or not maintained. This mark may be available, but verify why it was abandoned.
• Canceled/Expired – The registration has lapsed. The mark may be available, but check if the owner is still using it in commerce (common law rights may still exist).

Even if a mark is abandoned or expired, it may still be in use under common law. Always investigate whether the owner continues to use the mark in the marketplace.

8. Check for Common Law Uses

Trademark rights in many countries (including the U.S.) are based on use, not just registration. A business may have unregistered rights through consistent commercial use, even without a formal registration.

To uncover common law marks:

• Search Google and social media platforms for the mark in your industry.
• Check domain name registries (e.g., WHOIS) for matching websites.
• Review business directories, Yelp, Amazon, and Etsy for sellers using the name.
• Look for press releases, news articles, or advertising materials.

Common law rights can be just as enforceable as registered rights, especially in local markets. Ignoring them can lead to cease-and-desist letters or lawsuits, even if no federal registration exists.

9. Document Your Search Process

Keep a detailed record of every search you perform. Include:

• Date and time of search
• Database used
• Search terms and filters applied
• Results reviewed
• Conflicts identified
• Actions taken (e.g., modified mark, pursued registration)

This documentation serves as evidence of due diligence if a dispute arises later. Courts and trademark offices may consider your efforts when evaluating whether you acted in good faith.

10. Consult a Trademark Attorney (Recommended)

While self-searching is valuable, complex cases benefit from professional analysis. A trademark attorney can interpret legal nuances, assess the likelihood of confusion, and advise on filing strategies.

Attorneys have access to premium databases like Thomson Reuters’ Trademark Now or CompuMark, which include global records, litigation history, and opposition trends. They can also help you file an application correctly the first time, avoiding costly refusals.

Even a single consultation can save you thousands in rebranding or litigation costs down the line.

Best Practices

Conducting a trademark search is not a one-time checkbox task. It’s an ongoing component of brand strategy. Below are proven best practices to ensure your searches are thorough, accurate, and legally defensible.

Search Early and Often

Never wait until your website is live or your packaging is printed to check trademark status. Begin your search during the conceptual phase of branding. Early detection of conflicts allows you to pivot before investing significant resources.

Revisit your search before major milestones: product launch, funding round, international expansion, or rebranding. Trademark landscapes change daily—new applications are filed, registrations expire, and oppositions are filed.

Use Multiple Search Methods

Relying on a single database or search method is risky. Use a combination of:

• Official government databases
• Commercial trademark monitoring tools
• General web and social media searches
• Domain name lookups

Each source reveals different types of conflicts. A mark may not be registered but could be heavily used on Instagram or Amazon. A domain may be registered but not used for commerce—still, it signals potential brand presence.

Look Beyond Exact Matches

Trademark law protects against “likelihood of confusion,” not just identical marks. Consider phonetic similarities (“KwikFix” vs. “QuickFix”), transliterations (“Zara” vs. “Zahra”), and misspellings (“Flixbus” vs. “Flyxus”).

Also examine marks in related industries. A “Cloud” brand for software may conflict with a “Cloud” brand for event hosting if both serve tech audiences.

Monitor for Similar Goods and Services

Don’t limit your search to your exact product category. Use the Nice Classification system to identify adjacent classes. For example:

• Apparel (Class 25) and accessories (Class 18)
• Software (Class 9) and cloud services (Class 42)
• Restaurant services (Class 43) and food delivery apps (Class 35)

Trademark offices often consider relatedness when evaluating conflicts. A coffee shop named “BrewHaven” could conflict with a coffee bean retailer using the same name, even if one sells beans and the other serves lattes.

Check for Dead Marks with Active Use

Just because a trademark is “abandoned” or “canceled” doesn’t mean it’s free to use. The original owner may still be using it in commerce and retains common law rights. Search for recent activity: website updates, social media posts, product listings, or news mentions.

Using a “dead” mark that’s still in use can trigger legal action. Always investigate the reason for abandonment—was it due to non-use, or was it voluntarily surrendered after a dispute?

Consider International Protection Early

If your business has global ambitions, search key international markets early. A mark available in the U.S. may be registered in China or Germany. The Madrid System allows you to file one application for multiple countries, but only if your mark is clear globally.

Use TMview to search across 80+ jurisdictions simultaneously. This saves time and reveals conflicts you might miss with country-by-country searches.

Document Everything

Keep a searchable log of every search performed. Include screenshots, URLs, dates, and notes. This becomes invaluable if you later need to prove you conducted due diligence.

In trademark disputes, good faith is a defense. Courts look favorably on applicants who can demonstrate they made reasonable efforts to avoid infringement.

Set Up Trademark Alerts

Many databases allow you to set up email alerts for new applications matching your keywords. For example, USPTO’s TESS allows you to save searches and receive notifications when new applications are published.

Third-party tools like MarkMonitor or Corsearch offer automated monitoring across global registries and the internet. These services alert you when someone tries to register a confusingly similar mark—giving you time to oppose it before it’s approved.

Don’t Assume Registration Equals Safety

Even if your mark is registered, it can be challenged later. Third parties may file cancellation petitions based on non-use, genericness, or fraud. Maintain your registration by filing required declarations of use and renewals on time.

Also, a registration doesn’t give you unlimited rights. If someone else used the mark first in a specific geographic area, they may retain local rights even after your federal registration.

Tools and Resources

Several tools and resources are available to streamline and enhance your trademark search process. While official databases are essential, supplemental tools provide deeper insights, automation, and global coverage.

Official Government Databases

• USPTO TESS (Trademark Electronic Search System) – Free, comprehensive U.S. database with word, design, and status filters. Accessible at https://tmsearch.uspto.gov.
• EUIPO TMview – Aggregates data from over 80 trademark offices worldwide. Ideal for multi-jurisdictional searches. Available at https://www.tmdn.org/tmview.
• UKIPO Trademark Search – Official UK database with advanced filters and design search. Accessible at https://www.gov.uk/search-for-trademark.
• CIPO Canadian Trademarks Database – Free Canadian search tool with full-text and image search. Visit https://ised-isde.canada.ca/cipo/trademarks/search-recherche.
• WIPO Madrid System – Search international registrations filed under the Madrid Protocol. Access at https://www.wipo.int/madrid/en/.

Commercial Trademark Search Platforms

These platforms offer advanced features, global coverage, and AI-powered conflict detection:

• CompuMark – Industry-standard tool used by law firms and corporations. Offers global database access, similarity scoring, and brand monitoring. Ideal for large-scale brand portfolios.
• Thomson Reuters Trademark Now – Combines trademark, domain, and corporate name searches. Includes litigation history and opposition data.
• MarkMonitor – Focuses on brand protection and enforcement. Tracks infringing domains, social media, and e-commerce listings.
• TrademarkNow – User-friendly interface with AI-driven similarity analysis. Offers free trial and affordable plans for startups.
• Trademarkia – Free and paid search tools with U.S. and international coverage. Includes user reviews and attorney directory.

Domain Name and Web Search Tools

Check for existing web presence to uncover common law uses:

• WHOIS Lookup – Use sites like whois.domaintools.com to find domain registrants.
• Google Advanced Search – Use operators like site:, intitle:, and filetype: to refine results.
• Google Trends – See if a term is gaining traction in your region.
• Facebook, Instagram, LinkedIn Search – Search for business pages using your desired name.
• Amazon, Etsy, Alibaba – Check for sellers using your mark on product listings.

Legal and Educational Resources

• USPTO Trademark Manual of Examining Procedure (TMEP) – Official guide to U.S. trademark law and examination standards. Available at https://tmep.uspto.gov.
• WIPO Intellectual Property Handbook – Comprehensive overview of global trademark systems. Access at https://www.wipo.int/edocs/pubdocs/en/intprop/815/wipo_pub_815.pdf.
• International Trademark Association (INTA) – Offers guides, webinars, and resources for trademark professionals. Visit https://www.inta.org.
• LegalZoom and Nolo Books – Beginner-friendly guides for small businesses on trademark registration and clearance.

Free vs. Paid Tools: When to Use Which

For startups and solopreneurs, free tools like TESS and TMview are sufficient for initial clearance. However, if you’re preparing for funding, international expansion, or licensing, invest in a commercial platform.

Commercial tools offer:

• Automated similarity scoring
• Global coverage in one interface
• Monitoring and alert systems
• Legal analysis and risk ratings

These features reduce human error and save time—critical when your brand’s future is on the line.

Real Examples

Real-world examples illustrate the consequences of proper and improper trademark searches. These cases highlight the importance of diligence and the potential pitfalls of skipping steps.

Example 1: The “Uber” Conflict in China

Before expanding into China, Uber conducted a trademark search and found the mark “优步” (Yōu Bù), the Chinese phonetic equivalent of “Uber,” was already registered by a local taxi company in 2009. Rather than risk a lengthy legal battle, Uber negotiated a settlement and acquired the rights to the mark for $1 billion. This case underscores the importance of searching not just the English spelling, but also transliterations and local language equivalents.

Example 2: “Apple” and “Apple Corps”

Apple Inc. and Apple Corps (The Beatles’ music company) have been in a decades-long dispute over the use of the “Apple” name. Although Apple Inc. registered its mark for computers, Apple Corps held prior rights in music. The conflict led to multiple lawsuits and settlements, including a 2007 agreement that allowed Apple Inc. to use the mark for music services, provided it didn’t enter the music distribution business. This example shows how even clear registration doesn’t eliminate risk when common law rights exist across industries.

Example 3: The “Fenty” Trademark by Rihanna

Rihanna filed for “Fenty” across multiple classes—cosmetics, clothing, and entertainment—before launching her Fenty Beauty line. Her team conducted global searches, ensuring no conflicts existed in key markets. The result: a successful global brand with over 100 trademark registrations worldwide. This demonstrates how proactive, comprehensive searching enables brand expansion without legal disruption.

Example 4: A Startup’s Costly Mistake

A tech startup in Austin named its new SaaS platform “CloudPilot.” They conducted a basic USPTO search and found no exact matches in Class 9. They launched their product, invested in marketing, and secured venture funding. Six months later, they received a cease-and-desist letter from a small company in Ohio that had been using “CloudPilot” for cloud consulting services since 2018—unregistered, but with documented client contracts and website archives. The startup was forced to rebrand, losing $250,000 in marketing spend and damaging customer trust. This case highlights the danger of ignoring common law rights and limiting searches to registered marks only.

Example 5: The “Airbnb” Rebranding Avoidance

Before rebranding from “Airbed & Breakfast” to “Airbnb,” the founders searched U.S. and international databases. They found no conflicts and secured the domain name. Their search included phonetic variants, misspellings, and related classes (travel, hospitality, online services). This thorough clearance allowed them to scale globally without legal interference. Today, Airbnb holds over 1,500 trademark registrations worldwide.

Example 6: The “Lululemon” Design Search

Lululemon’s iconic yoga pant design was protected not just by its name, but by its unique cut and fabric placement. Before launching, the company conducted a design search using the Vienna Classification to ensure no similar patterns were registered. This prevented infringement claims and allowed them to patent and trademark their proprietary design features. This example shows that for product-based brands, design searches are as critical as word searches.

FAQs

Can I check trademark status for free?

Yes. Official government databases like USPTO’s TESS, EUIPO’s TMview, and UKIPO’s search tool are free to use. These provide access to registered and pending marks. However, free tools may lack advanced features like similarity scoring or global coverage, which commercial platforms offer.

How long does a trademark search take?

A basic search using official databases can take 30 minutes to 2 hours, depending on the number of variations and classes. A comprehensive search—including common law checks, international databases, and design elements—may take 4–8 hours. For businesses with multiple products or global ambitions, allow 1–2 weeks for thorough clearance.

What if I find a similar trademark?

If you find a similar mark, assess the risk based on:

• Similarity of the marks
• Relatedness of goods/services
• Geographic overlap
• Strength of the existing mark (famous vs. obscure)
• Status of the registration (active, pending, abandoned)

If the risk is high, consider modifying your mark, choosing a different name, or consulting a trademark attorney. Do not proceed without legal advice if the existing mark is well-known or in a related industry.

Do I need to search before filing a trademark application?

Yes. The USPTO and other offices do not guarantee your application will be approved. Filing without a search increases the risk of refusal, opposition, or cancellation. A clearance search is the first step in a successful trademark strategy.

What’s the difference between a trademark search and a trademark registration?

A trademark search is an investigation to determine whether a mark is available for use and registration. A trademark registration is the legal process of securing exclusive rights through government filing. Search comes first; registration follows only if the mark is clear.

Can I use a trademark that’s registered but not being used?

Possibly, but with caution. If a trademark is registered but not used for three consecutive years (in the U.S.), it may be vulnerable to cancellation for non-use. However, the owner may still have common law rights or intend to resume use. Consult an attorney before adopting such a mark.

How often should I recheck trademark status?

Recheck whenever you plan to expand your product line, enter a new market, or rebrand. Also monitor for new applications that may conflict with your mark. Set up alerts in your chosen database to stay informed of changes.

Does a domain name registration guarantee trademark rights?

No. Registering a domain name does not confer trademark rights. You can own a domain but still infringe on an existing trademark. Conversely, you can have trademark rights without owning the matching domain. The two are legally separate.

Can I search trademarks in non-English languages?

Yes. Databases like TMview and WIPO’s Madrid System support searches in multiple languages. For non-Latin scripts (e.g., Chinese, Arabic, Cyrillic), use transliterations or the official classification codes. Some databases offer machine translation tools to assist.

What happens if I ignore trademark conflicts?

Ignoring conflicts can lead to legal action, including cease-and-desist letters, lawsuits, injunctions, monetary damages, and forced rebranding. The costs of litigation far exceed the time and expense of a proper search.

Conclusion

Knowing how to check trademark status is not just a legal formality—it is a strategic business imperative. Whether you’re launching a new product, entering a global market, or defending your brand, a thorough trademark search protects your investment, prevents costly disputes, and builds long-term brand equity.

This guide has walked you through the essential steps: identifying your mark, accessing official databases, interpreting results, uncovering common law uses, and leveraging advanced tools. You’ve seen real-world examples of what happens when searches are done right—and when they’re skipped.

Remember: a trademark is more than a logo. It’s a symbol of trust, a legal asset, and a competitive advantage. Taking the time to search properly now saves you from chaos later. Even if you plan to hire an attorney, conducting your own search first demonstrates due diligence and helps you ask better questions.

Start your search today. Document every step. Monitor continuously. And when in doubt, seek expert guidance. Your brand’s future depends on it.