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Intellectual Property: Patents, Trademarks, and Copyrights

Searching Federal Trademark Database

The Trademark Electronic Search System (TESS) is the free online trademark database to search to verify if your new mark is available. Prospective new trademark applicants search TESS to determine whether a "likelihood of confusion" exists. In other words, TESS helps you to determine whether or not your trademark has been registered by another party with the same classification of goods or services or design. Just like with patents, classifications are helpful to narrow your trademark search. Trademark classifications information is listed below. For more about searching the TESS database see https://www.uspto.gov/trademarks/search/using-trademark-electronic-search-system.

In addition to searching a word mark in TESS, there is a Trademark Design Search Code Manual for locating trademark logos and images. This provides codes to locate your logo or image associated with your trademark tool too.

Once you have identified your classifications and design codes, then you should be able to start your search in the TESS database. The PTRC program offers a succinct overview on conducting a trademark search as well. Trademark searching is also helpful for researching a company for competitive information.

Trademark Classifications

One must determine their associated goods and services classification first before searching for their trademark in TESS. There are only 45 goods and services trademark classes. These are officially known as International Trademark Classes. An International Class represents the type of good or service classification that the mark identifies. Two different trademark holders could use the same name if they are used for different goods or services. For example, the federal trademark for the Delta® airline service is International Classification 039 for Transporting and Travel Services. The branding name Delta may be subsequently used in commerce by the noncompeting Delta® faucet manufacturer with International Classification 011 Appliances. Another non-competing example would include Dove® chocolates and Dove® soap. To locate any goods or services classes in which your trademark falls, see the Trademark ID Manual. Nolo also offers a guide entitled, Trademark Classes: Which One Fits the Mark You Are Registering For? Once you feel confident that your prospective trademark is not found within the goods and services class of your mark in the TESS database, then you could consider a trademark application. 

Additional Trademark Databases

Searching federally registered trademarks is only one part of a thorough search. There may be trademarks that are not in the TESS database that have rights over yours. The US Patent & Trademark Office suggests checking other sources, such as state trademark databases and the internet. The Georgia Secretary of State offers a Trademarks and Service Marks database to search marks registered in Georgia.

In the event that you must search trademarks at the international level, WIPO offers a Global Brand Database. Otherwise, you could search for trademarks separately at the appropriate agency for each country, e.g. Trademarks at the UK Intellectual Property Office.