How to Search the USPTO Trademark Register 2026 Step-by-Step Guide
Searching the US federal trademark register surfaces existing marks for you to review before you commit to a name. It is free, and since late 2023 it happens in a new place. This guide walks the current system end to end: where to search, how to run a knockout, why the class matters more than the word, and the honest limits of what a search can tell you.
Updated September 2026
TESS is gone: meet the USPTO Trademark Search system
If you learned trademark searching before 2024, the tool you remember no longer exists. The USPTO retired TESS, the Trademark Electronic Search System, on November 30, 2023, and replaced it with a cloud-based system called Trademark Search at tmsearch.uspto.gov. Old TESS links now redirect there. Any guide that still tells you to open TESS is describing a system that was switched off.
The new system is free and needs no account to search. It gives you two ways in:
- The simple search box for quick lookups. Type a name and read the results. This is where a knockout search starts.
- The expert query builder for precise work. It supports field-tag searching, wildcards to catch spelling variations, and Boolean operators, so you can search a specific class, a specific field, or a pattern rather than just a string.
For most founders, the simple box handles the first pass and the expert builder comes out when a name looks borderline and you want to be thorough. If you would rather query the register programmatically than click through the interface, the USPTO trademark search API page covers the official and unofficial endpoints and a one-call alternative.
The knockout search: your fast first pass
A knockout search is the quick first look every founder should run before falling in love with a name. You are checking the federal register for identical or near-identical marks in classes related to what you sell, so you can knock out the obvious conflicts early and save the rest of your energy for names that survive.
To run one at tmsearch.uspto.gov:
- Search the exact name. Enter the mark as you would write it. The system is not case-sensitive.
- Search close variants. Try obvious misspellings, spacing changes, dropped or doubled letters, and plural forms. Wildcards in the expert builder catch a family of spellings at once.
- Search how it sounds. A mark that sounds the same can conflict even when it is spelled differently, so search phonetic equivalents, not just the exact letters.
- Read the live results in your classes. Focus on marks with a live status in the Nice classes that match your goods or services. A dead mark or a live mark in an unrelated class is usually not your problem.
See the dedicated knockout trademark search guide for a checklist you can work through name by name, and how to check if a name is trademarked for the plain-English version of the whole process.
Why the class matters more than the name
This is the point most first-time searchers miss. Trademark protection is not granted over a word in the abstract; it is granted for particular goods or services. A conflict exists when a similar mark covers the same or related goods or services as yours, which is why two identical names can coexist peacefully in unrelated industries.
The Nice Classification and its 45 classes
The USPTO uses the international Nice Classification, which sorts everything into 45 classes: classes 1 to 34 are goods and classes 35 to 45 are services. The current edition is NCL 13-2026, in force since January 1, 2026. Before you judge a search result, know which classes your business falls into, because a hit outside them rarely blocks you. The trademark classes for startups guide maps the classes founders use most.
Using the Trademark ID Manual to pin down your goods and services
The USPTO publishes a Trademark ID Manual, a searchable list of pre-approved descriptions of goods and services. Finding your offering in the manual does two things: it tells you exactly which class you are in for the purpose of a search, and later, when you file, using a manual entry verbatim avoids a surcharge on the application.
Likelihood of confusion is the real test
The standard an examiner applies is likelihood of confusion: a similar mark plus related goods or services, weighed together. That is why a search is a judgement call, not a string match. An identical word in your class is a clear flag; a similar word in an adjacent class is a maybe that deserves a closer look or a professional opinion.
Searching design marks and logos
A word mark protects the wording regardless of how it is styled. A design mark, meaning a logo, a stylized treatment, or an image, is searched differently. The USPTO assigns each visual element a six-digit design search code, and you find the codes for your design in the Design Search Code Manual, then search those codes in Trademark Search. This matters because a logo can conflict with an earlier one even when the words are different, so if your brand leans on a mark rather than a plain word, a words-only search is only half the job.
What a knockout search does not catch
Finding nothing is not the same as being clear. A federal register search, however careful, has blind spots you should know before you rely on it:
- Sound-alike spellings you did not think to try. Phonetic searching helps, but it is only as good as the variants you test.
- Related, not identical, goods. A mark for a neighbouring product can still block you, and judging how related is related is exactly the grey area a knockout skips.
- Common-law rights. In the United States, rights arise from use, so a business using a name in commerce can have enforceable rights without ever filing federally. Those marks are not in the register.
- State registrations. Each state keeps its own trademark register, and those sit outside the USPTO database.
Closing those gaps is what a full or comprehensive clearance search does: it covers federal registrations plus state databases and common-law sources, along with phonetic and design variants. The USPTO frames that as the search an attorney conducts. A knockout is the right first filter; a clearance search is the right last step before you build.
Run it fast: a free US register search
Working the register by hand is the right way to learn it, but it is slow when you are weighing a dozen candidates. The Name Check tool on this page runs a free US (USPTO) register search on any name, with exact, phonetic, and fuzzy matching, and checks .com availability at the same time. It is free and needs no login.
Treat it as a first filter that surfaces conflicts to review, not a clearance opinion. Names that come back with real conflicts in the register should go to a trademark attorney before you invest further. Names that come back clean are worth a deeper look. If you are still building a shortlist, the startup name ideas page and the full set of name generator comparisons can help. For teams that want this in their own workflow, the site exposes an HTTP API and MCP server at /mcp for US and EU screening, .com checks, and name generation.
From search to filing: Trademark Center and the 2026 fees
Once a name survives your search, filing is a separate step in a separate place. Since January 18, 2025, the only way to file a US trademark application is through Trademark Center at tmcenter.uspto.gov. The old TEAS system, and its TEAS Plus and TEAS Standard tiers, was retired at the same time, which is why any fee quote built on TEAS tiers is out of date.
The current base application fee is $350 per class of goods or services. A few surcharges are worth avoiding: $100 per class if the application does not meet the base requirements, and $200 per class for a free-form description of goods and services rather than one taken verbatim from the Trademark ID Manual, plus $200 for each additional 1,000 characters of free-form text per class. Fees change, so confirm the current schedule on uspto.gov before filing. The how much does a trademark cost guide breaks the full picture down.
One thing the USPTO is blunt about: a search never guarantees registration, the examining attorney may reach a different conclusion than you did, and filing fees are not refunded if the application is refused. That is the whole reason searching well before you file is worth the time.
When to bring in an attorney
The USPTO itself strongly encourages applicants to hire a licensed trademark attorney, who can run the comprehensive clearance search a knockout cannot and advise whether a mark should be available. US-domiciled applicants may file on their own; foreign-domiciled applicants are required to use a US-licensed attorney. A good rule of thumb: search yourself to shortlist, and bring in a professional before you spend real money building on a name.
Questions, answered
Is the USPTO trademark search free?
Yes. The USPTO trademark search is free at tmsearch.uspto.gov, and you do not need an account to search. The USPTO suggests signing in with a free USPTO.gov account only for a smoother experience during heavy traffic. The Name Check tool on this site is also free and runs an automated US (USPTO) registry search on any name, with no login.
What happened to TESS, the Trademark Electronic Search System?
The USPTO retired TESS on November 30, 2023, and replaced it with a cloud-based system called Trademark Search. Old TESS links now redirect to the new system. If a guide still tells you to open TESS, it is out of date.
What is the URL for the new USPTO trademark search?
The current system lives at tmsearch.uspto.gov. It is free, needs no login to search, and offers both a simple search box and an expert query builder for field-tag and wildcard searches.
How do I check if a business name or brand name is already trademarked?
Open tmsearch.uspto.gov, search the exact name and close spelling and phonetic variants, then read the live results in the Nice classes that match your goods or services. A hit only matters when the mark is live and covers related goods or services. For a fast first pass across the US register, the Name Check tool on this page runs that search automatically.
What is a knockout trademark search, and is it enough?
A knockout search is a fast first pass of the federal register for identical or near-identical marks in related classes. It quickly rules out obvious conflicts. It is not enough on its own: it does not reliably catch sound-alike spellings, marks for merely related goods, common-law or unregistered marks, or state registrations. Those need a full clearance search, which is what an attorney conducts.
Do I need to search by trademark class?
Yes. The USPTO uses the international Nice Classification of 45 classes: classes 1 to 34 are goods and 35 to 45 are services. A conflict turns on the mark and related goods or services together, so the same word can coexist across unrelated classes. Search the classes that match what you sell, not just the word.
Does a clear USPTO search mean my name is safe to use?
No. A register search surfaces existing filed and registered marks for you to review. In the USPTO's own words, it cannot give a clear-cut answer about whether a mark can be registered. It does not clear a name, does not catch common-law rights, and is not legal advice.
How much does it cost to file a US trademark in 2026?
Since January 18, 2025, you file through Trademark Center, and the base application fee is $350 per class. Surcharges can apply: $100 per class if the application does not meet the base requirements, and $200 per class for a free-form description of goods and services not taken from the Trademark ID Manual. Filing fees are not refundable, so verify the current schedule on uspto.gov before you file.
Do I need a trademark attorney to search or file?
US-domiciled applicants may search and file on their own. The USPTO strongly encourages hiring a licensed trademark attorney, who can run a comprehensive clearance search across federal, state, and common-law sources. Foreign-domiciled applicants are required to use a US-licensed attorney.
Keep going
- Knockout Trademark Search: The Founder's First-Pass Checklist
- USPTO Trademark Search API: What It Is and How to Use It
- How to Search the EU Trademark Register (EUIPO and TMview)
- Free Trademark Search: US Register, Any Name, No Login
- How to Check a Startup Name: .com and Trademark Search
Trademark results are an automated database search against the USPTO and EUIPO registries, not legal advice and not a clearance opinion. Registries change daily; results are dated. Before filing, have counsel run full clearance.