{"id":4982,"date":"2016-04-04T10:47:50","date_gmt":"2016-04-04T15:47:50","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/how-to-search-for-trademarks.html"},"modified":"2024-05-22T02:17:29","modified_gmt":"2024-05-22T07:17:29","slug":"how-to-search-for-trademarks","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/how-to-search-for-trademarks.html","title":{"rendered":"Avoiding Accidental Infringement: A Guide To Searching for Trademarks"},"content":{"rendered":"\n
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Avoiding Accidental Infringement: A Guide To Searching for Trademarks<\/h1>\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

As a small business owner, you should ensure that your desired trademark is available before using it to avoid accidental trademark infringement. Before filing a trademark application, you should complete a trademark search on the United States Patent and\u00a0Trademark Office’s Trademark Electronic Search System (TESS)<\/a>. TESS is the USPTO’s trademark database used to conduct a comprehensive search. TESS helps ensure your desired trademark does not infringe on existing trademarks.<\/p>\r\n

TESS isn’t the only option for checking your trademark. This article lays out several ways you can conduct a trademark search on your own and when it might make sense to get help from an attorney.<\/p>\r\n

Why do I need to search for other trademarks?<\/h2>\r\n

In essence, trademark law is\u00a0all about\u00a0avoiding consumer confusion<\/a>. If two businesses in the same area use the same or similar trademarks,\u00a0particularly for a similar product or service, consumers may confuse the brands.<\/p>\r\n

In general, first in time equals first in right in trademark law. Once a trademark is in use,\u00a0that user retains certain protections from other businesses that later use the same or similar mark. This has nuances depending on whether a federal application is filed and some common law protections.<\/p>\r\n

Doing a trademark search prevents you from choosing a trademark that infringes upon another’s right to use the mark. Using your own unique trademark helps save you time, energy, and money.<\/p>\r\n

Keep in mind that there are two levels of trademark protection.<\/p>\r\n