Naming guide

How to search USPTO trademarks before you pick a name

A federal trademark search is the check founders most often get wrong: they search the exact name, see nothing, and stop. Here is how to search like the conflict actually works.

1. Use the USPTO's Trademark Search application

The official tool is the USPTO's Trademark Search application, which replaced TESS in November 2023. It searches U.S. federal applications and registrations. Each result links to its record in TSDR (Trademark Status and Document Retrieval), where you can read the full filing.

2. Search more than the exact spelling

Conflicts are judged on how marks look, sound, and what they mean, so an exact-match search misses most of the risk. For each candidate, also search:

  • Spelling variants and dropped or doubled letters (Qorvexa, Korvexa, Qorvexxa).
  • Sound-alikes and vowel swaps that a customer would hear as the same word.
  • The distinctive root on its own, since a shared prefix or stem can be enough.
  • Spacing and compound forms (Name Verdict, NameVerdict).

3. Filter to live records, then read the goods and services

Start with live records (pending applications and active registrations). For each one, open TSDR and read the goods and services description and its Nice class. There are 45 Nice classes: 34 for goods and 11 for services. Software, for example, commonly sits in Class 9 (downloadable software) or Class 42 (software as a service).

The key question is whether customers could think your product and theirs come from the same source. The U.S. test for likelihood of confusion weighs several factors, but the two that usually decide it are how similar the marks are and how related the goods or services are. An identical mark for an unrelated product may be fine; a near-identical mark for a related product often is not.

4. Know what a USPTO search cannot tell you

  • Unregistered use. U.S. businesses can build trademark rights simply by using a name. They never appear in the federal database.
  • State and foreign marks. State registrations and marks in other countries are separate systems.
  • Search visibility. A name can be legally open and still be impossible to rank for.
  • A legal opinion. Only a trademark attorney can tell you whether a specific mark is likely to be refused or challenged.

The other checks are covered in how to check if a business or brand name is taken.

Let NameVerdict run the federal search with the rest

NameVerdict runs a structured search of live USPTO records, including spelling and sound-alike variants, and lists each relevant record with its serial number, status, goods and services, and TSDR link. It notes class overlap with the product you describe, alongside domain, unregistered-use, social, search, and category checks. It is a preliminary screen, not a comprehensive attorney search.

Screen my namesSee a sample report

Questions

Is TESS still available?

No. The USPTO retired TESS on November 30, 2023 and replaced it with the cloud-based Trademark Search application at tmsearch.uspto.gov. Its search syntax differs from TESS, and the USPTO publishes guidance for converting old search strings.

If my exact name has no USPTO record, is it safe to use?

Not by itself. Similar marks for related goods or services can still conflict, and businesses can hold trademark rights through use without registering. A clean federal search is one check, not clearance.

What is the difference between a live and a dead trademark?

A live record is a pending application or an active registration. A dead record has been abandoned, cancelled, or expired. Dead records generally pose less risk, although the owner may still be using the name without a registration.

Does a USPTO search cover state trademarks or other countries?

No. The USPTO database covers U.S. federal applications and registrations only. State trademark registrations, foreign marks, and unregistered use need separate checks.