Trademark search checklist
Check a name yourself before you file, order signage, or print packaging. Work through each step, check items off as you go, and the result at the bottom updates to tell you where you stand.
Short answer: A basic trademark search covers four places: the USPTO database, state business and trademark records, the web and online marketplaces, and your industry. Search sound-alikes and related products, not just your exact name. If you find a similar name used for related goods or services, stop and get an attorney's opinion before you file.
Pin down what you're clearing
A search is only as good as its starting point. Get these clear first.
Search federal records at the USPTO
Use the USPTO's free federal database.
USPTO Trademark SearchFederal applications and registrations (opens in a new tab)Search state records
State registrations and business names don't show up at the USPTO.
Minnesota Business Filings OnlineSecretary of State: businesses, assumed names, state trademarks (opens in a new tab)Search the web and marketplaces
Businesses earn trademark rights by using a name, even without registering it.
Check what you found against these warning signs
Mark any that apply. These are the situations where DIY filings most often get refused or draw a demand letter.
Your result shows up here
Check off each step as you finish it. This box updates as you go.
What a DIY search can't tell you
This checklist catches obvious conflicts. It's a knockout search, not a clearance. A few things it can't do:
- Judge how close is too close. Whether two names are "confusingly similar" is a legal call that weighs sound, meaning, appearance, and how related the goods are.
- Find every unregistered user. Small businesses with no website or marketplace presence can still hold local rights that predate yours.
- Predict the examiner. Descriptiveness and related-goods refusals turn on how the USPTO has treated similar filings.
If you're about to spend real money on the name (packaging, signage, a website, inventory), a comprehensive search with an attorney's review is cheap insurance compared to rebranding later.
Trademark search questions
What is a trademark knockout search?
A knockout search is a quick first-pass check for obvious conflicts, usually covering the USPTO database, state business records, and a basic web and marketplace search. It's meant to rule out a name early, not to clear it for use. It doesn't include a legal analysis of likelihood of confusion.
Is searching the USPTO database enough before I file a trademark?
No. The USPTO database only shows federal applications and registrations. Businesses can build trademark rights through use alone, without registering, and those users can still object to your filing or your use. A complete search also covers state records, marketplaces, social media, domain names, and industry sources.
What does a comprehensive trademark search cover that a do-it-yourself search doesn't?
A comprehensive search pulls federal, state, and common-law sources into one report, catches phonetic and design variations that basic keyword searches miss, and comes with an attorney's assessment of whether any result is close enough to cause a refusal or a dispute. A DIY search shows you what exists. It doesn't tell you how an examiner or a court is likely to treat it.
Can I use this checklist before filing a Minnesota state trademark?
Yes. The same steps apply. Minnesota state registration only protects a mark within Minnesota, so pay extra attention to Secretary of State records and unregistered businesses operating in Minnesota. If you plan to sell across state lines or online, federal registration is usually the better fit.
Want an attorney to check it for you?
Twin Cities Trademarks runs comprehensive searches at a flat fee, with a written assessment from a Minnesota trademark attorney. Call (651) 222-3776 for a free consultation.