How to Check If Something Is Trademarked: Free U.S. Search Guide (2026)

You’ve found the perfect name for your business, product, or app. Before you print packaging or build a website, you need to know whether someone else already has rights to it. Picking a name that’s already taken can mean a refused application, a cease and desist letter, or an expensive rebrand.

Here’s how to check if something is trademarked in the U.S., step by step, using free tools, plus how to read what you find.

Step 1: Search the USPTO Database

Federal trademark applications and registrations are listed in the USPTO’s free Trademark Search system. Here’s how to use it:

1. Search the exact name first. Type your name into the search bar. Results show the mark, its owner, its status, and the goods or services it covers.
2. Filter for “Live” marks. Live marks are pending applications or active registrations. These are the ones most likely to block you.
3. Search variations. Try alternate spellings, phonetic equivalents (Kool vs. Cool), plurals, the name split into words or joined together, and translations.
4. Use wildcards. Adding an asterisk (for example, brew*) finds marks that start with the same word, which catches combinations like BREWHOUSE or BREWCO.
5. Search logos by design code. If you’re checking a logo, use the USPTO’s design search codes to find marks with similar images, such as a lion or a leaf.
6. Open the record. Click a result to see details in the Trademark Status and Document Retrieval (TSDR) system. Our TSDR guide explains what each status means.

Step 2: Read the Results the Right Way

Finding a similar mark doesn’t automatically mean you can’t use your name. And finding nothing doesn’t mean you’re in the clear. Here’s how to judge what you see:

• How similar are the marks? Compare how they look, sound, and what they mean. TRU and TRUE are effectively the same.
• Are the goods or services related? The same name for software and for bakery goods may coexist. The same name for two clothing brands probably can’t.
• Is the mark live or dead? A dead (abandoned or cancelled) record is a good sign, but the owner may still be using the name and have common law rights.
• How strong is the existing mark? Made-up or unusual marks get broad protection. Descriptive or commonly used words get narrower protection. See our guide to the spectrum of distinctiveness.

This comparison is the same “likelihood of confusion” analysis the USPTO uses. Our article on why trademark applications get rejected for likelihood of confusion goes deeper.

Step 3: Check State Trademark Registrations

Some businesses register their trademarks only with their state, especially local businesses and industries like cannabis that can’t get federal registration. Each state’s Secretary of State keeps its own trademark records. In Illinois, for example, you can search registered marks through the Illinois Secretary of State.

Keep in mind that registering a business name or LLC with your state is not the same as a trademark. It doesn’t give you trademark rights, and someone else’s LLC name can still conflict with your brand.

Step 4: Search for Unregistered (Common Law) Use

In the U.S., trademark rights come from use, not just registration. A business that has used a name for years without registering it can have common law trademark rights in its area, and can sometimes stop you there. So also check:

• Google and Bing, using the name plus your industry
• Amazon, Etsy, Walmart, and other marketplaces
• Domain names and social media handles
• App stores, if you’re naming an app
• Industry directories and trade publications

Look for the ™ or ℠ symbol. Businesses use these to claim rights in a mark that isn’t federally registered. The ® symbol can only be used with a federal registration.

Step 5: Check Other Countries if You Sell Abroad

Trademark rights are territorial. A U.S. registration doesn’t protect you in other countries, and a mark that’s free in the U.S. may be taken elsewhere. Free international databases include the WIPO Global Brand Database and the EU’s TMview. For important markets, local counsel can run national searches.

Step 6: Get a Professional Clearance Search

Free searches catch obvious conflicts, but they miss a lot: sound-alikes, translations, state filings, and unregistered users. A full clearance search covers all of these, and a trademark attorney can give you an opinion on the actual risk, not just a list of results.

That matters most when you’re about to spend real money on a brand, such as packaging, signage, a website, or a product launch.

What If the Name Is Already Trademarked?

You have a few options, depending on how close the conflict is:

• Change your name or modify it enough to avoid confusion. This is the cheapest option before you launch.
• Narrow your goods or services if the existing mark covers an unrelated market.
• Check whether the mark is still in use. A registration that hasn’t been used for three years may be vulnerable to cancellation or expungement.
• Negotiate. A coexistence agreement or purchasing the mark may be possible. See can you purchase a trademark.

If the name is clear, file your own application quickly. If you aren’t using it yet, an intent-to-use application secures your priority date before launch. And once you’re registered, monitoring your trademark helps you catch copycats early.

Frequently Asked Questions

How do I check if a name is trademarked for free?

Search the USPTO’s free Trademark Search system at tmsearch.uspto.gov for the name and its variations, then check your state’s trademark records and search Google, marketplaces, domains, and social media for businesses already using the name.

What replaced the USPTO’s TESS database?

The USPTO retired TESS in November 2023 and replaced it with the Trademark Search system. It’s free, doesn’t require an account, and lets you search word marks, filter by status, and search logos using design codes.

If a trademark is marked dead, can I use the name?

Not necessarily. A dead record means the application or registration is no longer active, but the owner may still be using the name and could have common law rights. Check for current use before relying on a dead record.

Is my business name trademarked if I registered an LLC?

No. Registering a business name or LLC with your state doesn’t create trademark rights or stop others from using the name for their goods or services. Federal trademark registration is a separate process with the USPTO.

Can I use a name if someone has a similar trademark?

Possibly, if the goods or services are unrelated and customers aren’t likely to be confused. If the marks are similar and the products are related, using the name is risky. A trademark attorney can assess the specific risk.

Get a Trademark Clearance Search

Before you commit to a name, let a trademark attorney check it properly. Drishti Law runs clearance searches, explains the real risks in plain English, and files your application when you’re ready. Call 773-234-1139 or book a free consultation.

Sahil M.

Sahil Malhotra
Sahil Malhotra is an Intellectual Property Attorney, who founded Drishti (“vision”) law because of his vision in protecting dreams and ideas.

He provided individuals and small businesses with an opportunity to enhance their IP’s value by helping them register trademarks and successfully argue against office actions. In addition to his training and experience, he has been deeply involved in the multifaceted IP portfolio at UIC and continues to be associated with IP organizations and conferences.

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