How to Run a USPTO Trademark Search Before You Name Your Brand

Every fashion founder has a name they love. The trouble starts when someone else loved it first. A trademark search is the cheapest insurance a new label can buy: an evening with the right database can save you a rebrand, a cease-and-desist letter and a warehouse of swing tags printed with a name you are no longer allowed to use. This guide walks through the official USPTO system step by step, then shows you how to widen the net to Europe and the UK before you commit.

Short answer: Go to the USPTO’s free Trademark Search system at tmsearch.uspto.gov (it replaced TESS on 30 November 2023). Search your exact name, then spelling variants, sound-alikes and translations, filtered to live marks in Classes 25, 18, 14 and 3 and their coordinated classes. Check any logo with design codes, then repeat the exercise on TMview and the UK register.

Key takeaways

• TESS is gone. The USPTO retired it on 30 November 2023 and replaced it with a cloud-based Trademark Search system that uses field tags such as CM:, IC: and DC:.
• An exact-match search is only a knockout check. Conflict is judged on likelihood of confusion, so sound, look, meaning and related goods all matter.
• Since 18 January 2025 the USPTO base application fee is $350 per class, with surcharges of $100 to $200 per class for incomplete or free-text descriptions.
• A clean USPTO result does not clear you abroad or against unregistered users. Check TMview, the UK register and the open web before you print a single label.

What happened to TESS, and what replaced it?

For more than two decades, American trademark searching meant TESS, the Trademark Electronic Search System introduced in 2000. It ran on a proprietary search language that the Office stopped supporting, and the USPTO retired it on 30 November 2023. Its successor, simply called Trademark Search, lives at tmsearch.uspto.gov. It is free, needs no account for basic use, and offers a simple search box for beginners plus an “expert mode” that lets you tag results and combine search lines. The Office recommends logging in with a USPTO.gov account, which reduces error messages during busy periods and unlocks summary pages.

If you have read an older blog post telling you to type commands like [comb] or [ic], it is out of date. The new syntax puts a capitalised field tag first, followed by a colon and a lower-case search term.

Which classes should a fashion brand search?

Trademarks are registered for specific goods and services, grouped under the international Nice Classification. A clothing label rarely lives in one class for long, so search where you are now and where you plan to be in three years. Our guide to Class 25 for apparel founders goes deeper on the core class, and the FLJ Trademark Class Finder helps with anything unusual.

The USPTO also treats some classes as “coordinated”, meaning examiners routinely look across them because consumers expect the same brand to appear on both. Instead of guessing, use the CC: field tag, which pulls marks in classes coordinated with the one you name.

How do you run a USPTO trademark search, step by step?

Step 1: The knockout search

Open Trademark Search, choose the wordmark option and type your name exactly. This is a knockout search: it exists to kill a bad idea quickly. If an identical live mark already covers clothing, you have your answer and can save the rest of the evening.

Step 2: Field tag searches for variants

Switch to field tag searching. According to the USPTO’s own field tag handout, the most useful tags are CM: (word mark, pseudo mark, translation and transliteration combined), IC: (international class), CC: (coordinated class), LD: (live or dead), GS: (goods and services wording) and DC: (design code). Wildcards help: a question mark replaces one character and an asterisk replaces any number of characters. A practical search for a label called Velora might look like this:

CM:*velor* AND IC:025 AND LD:true

Then repeat with plausible misspellings (vellora, valora), the phonetic cousins (velaura), any foreign-language equivalent and the name split into two words. Pseudo marks are the USPTO’s own phonetic and alternative spellings attached to records, which is why CM: catches more than a plain word search.

Step 3: Widen the classes

Run the same terms with CC:025 or with IC:(018 014 003) to catch bags, jewellery and beauty. A fragrance brand with your name may not stop you selling hoodies today, but it can block the perfume line you announce in year three.

Step 4: Read the live records properly

For every close hit, open the record and read the goods description, the filing basis, the status and the owner. A pending application with an earlier filing date can still beat you. Dead marks are useful context but rarely a bar, unless the owner is still using the name in commerce, because US rights come from use as well as registration.

How do you search a logo with design codes?

Names are only half the brand. If your mark includes a crest, an animal, a monogram shape or a stylised letter, search the figurative element too. The USPTO classifies design elements in its Design Search Code Manual (tmdesigncodes.uspto.gov). Find the six-digit code that describes your element, then search it with the DC: tag, for example DC:261713 or DC:26.17.13 (the full stops are optional). Wildcards work here as well, so a truncated code returns every related sub-category.

Combine the design code with a class filter and the live indicator to keep results manageable. Our explainer on word marks versus logo marks explains why most labels eventually protect both.

What does likelihood of confusion actually mean?

An examiner will refuse your application if your mark is so similar to an earlier one, for related goods, that consumers are likely to be confused about where the products come from. The USPTO’s likelihood of confusion guidance focuses on two questions: are the marks similar, and are the goods or services related? The analysis comes from the factors set out in In re E. I. du Pont de Nemours & Co. (1973), which also weigh things like trade channels, the strength of the earlier mark and the conditions under which consumers buy.

Similarity is judged on sight, sound, meaning and overall commercial impression. Marks do not need to be identical. Adding a generic word such as “studio”, “atelier” or “the label” usually does not create enough distance, because buyers remember the distinctive part. And goods do not need to be identical either: clothing and handbags are often treated as related because fashion houses so often sell both.

Is a knockout search enough, or do you need a comprehensive search?

A knockout search answers one question: is there an obvious blocker on the federal register? A comprehensive search answers a bigger one: is anyone, anywhere relevant, likely to object? The USPTO itself points applicants to a comprehensive clearance search, because the federal database does not show state registrations or unregistered businesses that may hold common-law rights through use.

How do you check the EU, UK and other markets?

A brand that sells online sells internationally from day one, so search the markets you ship to. Three free tools do most of the work:

• TMview, which pulls together trademark data from the EUIPO, national offices across the EU and many partner offices worldwide in one search.
• EUIPO eSearch plus, the EU office’s own database for EU trade marks, with useful filters for Nice classes and figurative elements.
• The UK Intellectual Property Office’s search for a trade mark service, which covers UK registrations, including the comparable UK marks created from EU registrations after Brexit.

For Asia and the Middle East, the WIPO Global Brand Database and national registers fill the gaps. Our Global Trademark Search Directory lists the official search tool for each major market, so you are not relying on third-party mirrors.

How much does it cost to file a US trademark in 2026?

Searching the USPTO database costs nothing. Filing does. On 18 January 2025 the USPTO replaced its old TEAS Plus and TEAS Standard options with a single base application, and introduced surcharges designed to push applicants towards complete, pre-approved descriptions. According to the Office’s summary of the 2025 fee changes, the main figures are:

The easiest saving is to pick your goods descriptions from the USPTO’s ID Manual rather than writing your own. A three-class filing for clothing, bags and jewellery with clean descriptions costs $1,050 in government fees. The same filing with free-text descriptions can cost $1,650 or more. For a full walkthrough of the application itself, read our step-by-step filing guide for clothing brands.

When should you hire a trademark attorney?

You can run a perfectly good knockout search yourself. Bring in a lawyer when the stakes or the ambiguity rise: when your search turns up a similar mark in a related class, when you are about to spend serious money on packaging, a website or a launch campaign, when you plan to file in several countries, or when an examiner issues a refusal. There is also a hard rule for overseas founders: applicants domiciled outside the United States must be represented by a US-licensed attorney. The USPTO sets out why a private trademark attorney can help, and it is candid that its own staff cannot give legal advice on your particular mark.

A good clearance opinion is not a guarantee. It is a professional judgement about risk, and it is worth most before you have fallen in love with a name.

Frequently asked questions

Is the USPTO trademark search free?

Yes. The Trademark Search system at tmsearch.uspto.gov is free to use. You can search without an account, but the USPTO recommends logging in with a USPTO.gov account to reduce errors and access summary pages. Government fees only apply when you file an application.

Can I still use TESS?

No. The USPTO retired TESS on 30 November 2023. Its replacement, Trademark Search, uses a different syntax: a capitalised field tag such as CM: or IC:, followed by a colon and the search term in lower case.

Does a clear USPTO search mean my brand name is safe?

Not on its own. The federal register does not show state registrations or businesses that have built common-law rights through use without registering. Foreign registers, marketplaces, domains and social handles also matter if you sell online.

Which trademark class covers clothing?

Class 25 covers clothing, footwear and headwear. Fashion brands commonly add Class 18 for bags and leather goods, Class 14 for jewellery and watches, Class 3 for fragrance and beauty, and Class 35 for retail store services.

How much is the USPTO filing fee in 2026?

Since 18 January 2025 the base application fee is $350 per class. Surcharges of $100 per class apply for insufficient information and $200 per class for using free-form text instead of the ID Manual, plus $200 for each additional 1,000 characters.

How do I search a logo on the USPTO database?

Look up the six-digit code for your design element in the USPTO Design Search Code Manual, then search it with the DC: field tag, combined with a class filter and LD:true for live marks. Wildcards let you capture related sub-categories.

This article is general information about trademark searching and fees as of October 2026. It is not legal advice, and you should consult a qualified trademark attorney about your specific brand.