What is the difference between a knockout search and a full clearance search?

A knockout search is a quick first pass scanning the federal database for identical or near-identical marks to kill obvious conflicts. A full clearance search goes deeper, federal plus state databases, common-law use, domains, and the web, usually ending in a written opinion. The knockout tells you whether to keep going, the clearance is what actually clears the mark.

Do I need a trademark attorney to do a search?

You can run a knockout search yourself in the USPTO's free tool. But the USPTO itself recommends a screening service or a licensed attorney for a full clearance, because judging likelihood of confusion and finding unregistered conflicts takes legal experience.

How to Do a Trademark Search Before You File

Q: Is the USPTO trademark search free?

Yes. The Trademark Search system at tmsearch.uspto.gov is free, and you can search without an account. It only covers federally registered and pending marks, though, so a real clearance still means checking state databases and common-law and web sources on top of it.

A trademark search checks whether your name conflicts with an existing one before you spend the non-refundable filing fee. The USPTO's free tool is only the first layer of a real clearance.

Before you spend a dollar with the USPTO, spend an hour searching. The filing fee is non-refundable, so the most expensive mistake in trademarks is filing a name that was never available.

One correction up front, because nearly every guide online still gets it wrong: the old TESS database was retired in November 2023. Searching "TESS" today gets you nowhere.

Key takeaway: the free USPTO search is the first layer, not the whole job. A name can look clear in the federal database and still be taken by someone who never registered.

The free tool, by its real name

The USPTO's search lives at tmsearch.uspto.gov, the Trademark Search system that replaced TESS. It covers federally registered and pending marks, it is free, and it is where you start. Search your exact name first. An identical hit on related goods, and you can stop right there.

Knockout, then clearance

That first pass is a knockout search, identical and near-identical names in your core class, meant to kill the obvious losers fast. It does not clear anything. A full clearance search goes wider: phonetic spellings, alternate forms, state registers, and a written opinion weighing the risk. The knockout tells you whether to keep going. The clearance is what actually lets you file with confidence.

Why the web counts too

Here is what the database will not show you. Common-law rights come from simply using a mark in commerce, no registration required. A bakery in another state that has used your exact name for years can still block you, oppose you, or send a cease-and-desist, even though nothing about them appears in a federal search. So you also check the open web, business directories, domains, and social handles.

What you are testing for

It all comes down to likelihood of confusion, and it has two prongs that work together: how similar the marks are, and how related the goods or services are. Both matter. Dove soap and Dove ice cream coexist because nobody confuses the two. Two similar marks selling the same thing do not. Identical is not the test, confusable is.