What is a trademark conflict search?

A trademark conflict search helps determine whether your proposed trademark conflicts with existing registered or pending trademarks in the USPTO database.

How do I use the USPTO TESS system?

Visit https://tmsearch.uspto.gov/ and choose Basic, Structured, or Free Form search. Enter your trademark and check for similar or overlapping marks, especially in your goods/services class.

Is a free search enough before filing a trademark?

While helpful, a TESS search should be supplemented with legal advice to check for state-level or common law marks and assess legal risks accurately.

When should I contact a trademark attorney?

If your TESS search reveals similar marks or you're unsure about your trademark’s viability, an attorney can provide a legal analysis and guide your strategy.

How Do I Run a Free USPTO Trademark Conflict Search?

Q: What does likelihood of confusion mean?

Likelihood of confusion refers to whether a consumer might mistakenly believe your product or service is affiliated with another based on similarities in branding.

Navigating the complexities of trademark law can feel daunting, especially for small business owners and entrepreneurs trying to protect their brand identities. The key is to take things one step at a time, and conducting a trademark conflict search is an important early step that shouldn’t be skipped.

A trademark conflict search is a resourceful way to gauge whether your desired trademark may conflict with existing marks. The United States Patent and Trademark Office (USPTO) provides a free online tool known as the Trademark Electronic Search System (TESS), recently updated to improve user experience and search capabilities, which will allow you to run a conflict search on your own.

This article guides you through how to efficiently run a free trademark conflict search on the USPTO’s new TESS system. We’ll also break down the key legal standards governing “likelihood of confusion,” and share practical tips for leveraging TESS’s search features to conduct thorough searches.

What is the USPTO’s TESS Trademark Search System?

The USPTO’s Trademark Electronic Search System (TESS) is a publicly accessible online database that lets you search for trademarks registered or applied for in the United States. It contains detailed information on millions of trademark records, including owner details, registration status, and goods/services classifications.

The recent upgrade to TESS has simplified navigation and enhanced search technology, allowing users to conduct both basic and refined searches more effectively. Best of all, this system is free — an advantage for startups, solo entrepreneurs, and small businesses mindful of budget constraints.

Why Should You Perform a Trademark Conflict Search?

Before you invest time and resources into developing branding or applying for a federal trademark registration, it’s vital to determine whether any existing trademarks might block your application or expose you to legal risk. A trademark conflict search helps you:

Identify prior users who may have exclusive rights to similar marks
Avoid costly infringement disputes down the road
Understand the competitive landscape and tailor your branding to stand out
Increase the likelihood of successful trademark registration

Data from USPTO reflects that nearly 30% of trademark applications receive office actions citing conflicting marks. Performing your own search helps preempt these issues and avoid application delays or denials.

What Does “Likelihood of Confusion” Mean, Legally?

In trademark law, “likelihood of confusion” is the central standard applied when assessing conflicts between marks. The USPTO and courts look at whether an average consumer would likely be confused about the source or sponsorship of goods or services due to similarities between two marks.

Key factors for determining likelihood of confusion include the following (commonly known as the DuPont factors):

Similarity of the marks in appearance, sound, meaning, or overall commercial impression
Relatedness of the goods or services involved
Channels of trade and target consumer classes
Strength or distinctiveness of the prior mark
Any evidence of actual confusion or bad faith

It’s important to note that the test is not for an exact match, but for strong enough similarities (both in branding and in industry) that create a likelihood of confusion.

How Do You Access and Use the USPTO’s TESS System for a Conflict Search?

Step 1: Access TESS

Visit the USPTO’s official TESS webpage at https://tmsearch.uspto.gov/. You will see options for different search types including Basic Word Mark Search, Structured Search, and Free Form Search.

Step 2: Select Your Search Type

Basic Word Mark Search (New User Friendly): Best for beginners, this allows simple keyword searches of trademarks by name.
Structured Search: Enables you to search multiple fields (mark, owner, class, filing date) using a guided form.
Free Form Search: For advanced users familiar with Boolean search logic (AND, OR, NOT operators), this offers maximum flexibility.

For initial conflict checks, the Basic Word Mark Search is usually sufficient.

Step 3: Enter Search Terms

Type your proposed trademark or variations into the search box. Include common misspellings, phonetic similarities, or alternative spellings.
Example: A search for “BlueWave” should consider also checking “Blue Wave” or “BluWave.”

Step 4: Filter by Goods or Services Class

If you know the specific class of goods or services your mark will cover (using the NICE Classification system), select that class to narrow results. This reduces irrelevant matches and zeroes in on the specific market niche.

You can find the NICE Classification system in a searchable format at: https://idm-tmng.uspto.gov/id-master-list-public.html

Step 5: Review Search Results

TESS will display a list of marks matching your query. Click on each result to view full details including mark status, owner, related goods/services, and registration or application dates.

You want to watch closely for:

Exact matches or very similar word marks
Conflicts within the same or related goods/services classifications
Registration status — pending vs registered marks

Step 6: Refine Your Search

Repeat searches using different keywords, broader generic terms, or by expanding/decreasing class filters. Use wildcards (*) for partial matches.

What Advantages Does the New TESS System Offer?

The recent TESS system enhancements provide several advantages:

Improved User Interface: Cleaner, more intuitive layout makes navigation easier for non-experts.
Boolean Operators: You can combine keywords with AND, OR, NOT to craft complex queries.
Fuzzy Searching: Finds phonetically similar or misspelled variants automatically.
Sortable Lists: Results can be sorted by filing date, mark name, or registration status for more efficient reviews.
Keyword Highlighting: Matches are highlighted for quicker scanning of relevant results.

These features let you explore with less guesswork and more precision.

What Limitations Should You Know About Before Relying on TESS Alone?

While TESS is an excellent free tool, there are some limitations to keep in mind:

It only includes federal trademarks, not state registrations or common law marks which may also have protection.
It requires some familiarity with trademark classifications and legal concepts for thorough searching.
The legal assessment of “likelihood of confusion” involves nuances best evaluated by an experienced trademark attorney.
The USPTO database updates regularly, so new pending marks may appear after your search.

Given these factors, your TESS search is a strong initial screen but should be complemented with professional trademark counsel before filing applications or launching brands.

When Should You Contact a Trademark Attorney?

If your search reveals potentially confusingly similar marks or you’re uncertain about interpreting results, consulting a trademark lawyer is wise. An attorney brings legal expertise to:

Conduct a comprehensive clearance search including state and common law marks
Analyze likelihood of confusion risk given your industry and geographic area
Advise on alternative branding strategies if conflicts arise
Represent you in the trademark application and prosecution processes

At Daniel Ross & Associates, LLC, we specialize in providing clear, tailored trademark guidance for businesses, startups, and creators. Protecting your brand is paramount for long-term success, and our flat-fee, transparent approach ensures you get expert help without surprise costs.

Reach out to us today for a no-cost consultation to learn how we can help you craft creative legal solutions and trademark strategies for your business.

Summary: How to Run a Free Trademark Conflict Search on TESS

Access the USPTO’s new TESS system at https://tmsearch.uspto.gov/
Use the Basic Word Mark Search for simple queries; employ Structured or Free Form searches for advanced needs
Enter your proposed trademark and consider variants for misspellings or phonetic similarities
Narrow results by goods/services classification using the NICE Classes
Review each matching mark’s details carefully for similarity and class overlap
Use TESS’s Boolean operators and fuzzy search features to refine and expand your search efficiently
Remember that a full legal analysis of likelihood of confusion and non-federal marks requires professional advice

For entrepreneurs and small businesses, the USPTO’s TESS system offers an invaluable, free window into the trademark landscape. Used thoughtfully, it can significantly reduce registration risks and set your brand on a secure path.

References

Lanham Act, 15 U.S.C. §§ 1051 et seq.
USPTO Trademark Manual of Examining Procedure (TMEP) §§ 1207 (Likelihood of Confusion)
USPTO Trademark Electronic Search System
DuPont Corp. v. Unifi, Inc., 476 F.3d 1356 (Fed. Cir. 2007)

How Do I Run a Free USPTO Trademark Conflict Search?