The USPTO offers a free search system known as TESS (Trademark Electronic Search System), available 24-7 . The TESS Help Page[14] includes information, with some sample search strategies,on how to search the USPTO’s database of registered and prior pending applications to helpdetermine whether any marks therein could prevent registration of your mark due to a likelihoodof confusion. The USPTO will not search your mark for you prior to your filing an application.After filing and as part of the examination of your application, the USPTO will conduct a searchof your mark and will let you know the results of that search. If the USPTO finds anotherregistered mark or earlier-filed pending mark confusingly similar to yours for related goods/ services, it will refuse to register your mark.
Alternatively, you can search the TESS database at a Patent and Trademark Resource Center (PTRC). The USPTO website contains information about PTRC locations in your state.
Be aware that any searches you conduct on TESS are limited to the USPTO’s database of federaltrademark applications and registrations and do not include the marks of other parties who mayhave trademark rights but no federal registration. These rights, known as “common law” rights,are based solely on use of the mark in commerce within a particular geographic area. Commonlaw rights may be stronger than those based on a registration, if the common law use is earlier than the use that supports the registration. Therefore, it is critical to learn whether superior common law rights exist, by searching the Internet for websites and articles that reference similar marks that are related to your goods and services. You should also search state trademark databases and business name databases. Because searching is very complex, you should seriously consider hiring a trademark attorney to assist you with a “full” or “comprehensive” trademark search, as discussed below.