Things You'll Need:
- A computer with Internet access Professional searching fees (optional)
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Step 1
Search the PTO's online database located at the link below. The Trademark Electronic Search System (TESS) contains all trademarks that have ever been registered, including those that have been abandoned, canceled or that have expired. A basic search locates trademarks made up solely of words, while a boolean search allows you to find trademarks that are identified with certain goods and services. Advanced searches perform more complicated searches using boolean connectors and also scour the PTO's database for similar trademark names based on the word you plugged into the search engine.
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Step 2
Search by design code (see the "TESS Design Code" link below) if your trademark has a graphic element. For example, if your trademark incorporates a zebra as part of its design, you'd search by design code 03.05: "Horses, donkeys, zebras." This method of searching is very time-consuming, as it involves viewing numerous pages of graphic representations contained in registered trademarks.
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Step 3
Don't forget the Trademark Application and Registration Retrieval system. The PTO's TARR database (link below) allows you to search for pending and registered trademarks by application or registration number. This might be helpful if you have data about a trademark you feel might be in conflict with yours.
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Step 4
Visit the Patent and Trademark Deposit Library, if you live near Washington, D.C. There's a search room in the PTO's Arlington office that contains a copy of every trademark registered in the United States. There are 80 similar libraries in the U.S. Visit the PTO website link ("Depository Library Program") below to see if there's a library near your town.
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Step 5
Consider hiring a professional search firm. This method does involve spending money, but putting your search in the hands of professionals permits the most exhaustive search for conflicting trademarks. Professional search firms can also conduct common law searches to see if a mark is being used by someone who has not yet registered it with the PTO, as well as international searches.
