US Trademark Electronic Search System (TESS) contains the records of pending and registered US trademarks. TESS also includes the records of dead US trademarks since January 1, 1984. TESS does not include common law, state, or foreign trademarks. The fact that a mark is not present in the TESS database does not necessarily mean that the mark is not currently being used as a trademark. The date of last update for TESS is indicated on the search screens. The search strategies presented in this handout are preliminary and should not be considered comprehensive. It is strongly suggested that you read all help screens in TESS to learn about additional search techniques.
If you have any questions regarding the adoption or use of a trademark, it is strongly recommended that you consult an attorney.
Instructions for Searching the Trademark Electronic Search System (TESS):
1. Point your browser to http://www.uspto.gov/main/trademarks.htm and click on the search icon (see below).
2. Click on Structured Form Search (see below).
|Select The Search Form|
|Structured Form Search|
|Free Form Search (Advanced Search)|
3. From the two drop-down menus below Title Field select Basic Index (combined MP+PM+FM) and Translation Index (see below).
4. From the drop-down menu below Operator select OR.
5. From the drop-down menu to the right of Plural select Yes. Selecting Yes will expand your search to include s or es endings of words.
6. In both boxes below Search Term type in your search terms, enclose them in quotation marks, and click Submit Query (see below).
****Avoid using a space or OR between your search terms****
Run searches on "unique" words by themselves.
"Zapps Potato Chips" Yields 0 results
Zapps AND Potato AND Chips Yields 0 results
Zapps Yields 28 trademarks
Search multiple combinations of hyphenated or compound words.
"stop-n-go" Yields 2 results
"stop n go" Yields 10 results
"stopngo" Yields 0 results
stop AND go Yields 44 results
Search other spellings of words that sound the same, but are spelled differently.
Quick, qwik, quik, kwik, kwick qwick, etc.
Bear, bayer, bare, etc.
Search for synonyms of words.
Quick, fast, speedy, etc.
7. After submitting your query, a list of trademarks matching your search parameters will appear on the screen. Click on the Serial Number of each trademark to view detailed information.
|Serial Number||Reg. Number||Word Mark||Live/Dead Indicator|
|1||75582868||RED DAWG BOOTS||DEAD|
|3||75392564||2265658||RED DOG RULES||LIVE|
|5||75247494||2237412||RED DOG GARNET||LIVE|
|6||74645443||RED DAWG LEATHER||DEAD|
8. When looking at the detailed information of a trademark (see below) pay special attention to the GOODS AND SERVICES field. Goods and Services describe how a trademark is used in commerce and based on this description, you will need to decide whether or not your idea for a trademark is too similar. Dead trademarks are no longer registered with the United States Patent and Trademark Office, but it may be wise to determine if a dead mark is still used in commerce (contact the owner) because common law rights to a trademark could come into play.
|Word Mark||RED DOGS|
|Goods and Services||IC 041. US 100 101 107. G & S: entertainment services, namely, organizing and conducting professional football games for live audiences, television and radio broadcast and videotape replay. FIRST USE: 19961201. FIRST USE IN COMMERCE: 19961201|
|Mark Drawing Code||(1) TYPED DRAWING|
|Filing Date||March 31, 1997|
|Published for Opposition||April 14, 1998|
|Registration Date||July 7, 1998|
|Owner||(REGISTRANT) Gridiron Enterprises, Inc. CORPORATION ILLINOIS 900 W. Jackson Boulevard, Suite 5W Chicago ILLINOIS 60602|
|Assignment Recorded||ASSIGNMENT RECORDED|
|Type of Mark||SERVICE MARK|
9. To return to the list of results, from the detailed view of the trademark, hold [Alt] and press the "left arrow key", or click the "Back" button in your browser.
10. To do additional searches of TESS, employing the techniques mentioned above, start over at step 1.
Additionally, you may want to spend the time researching common law and state trademarks. Business directories can be searched for company names that may already be in use (under common law). A few key business directories are listed below:
|D&B Million Dollar Directory||REF HC102.D8|
|Standard & Poorâ€™s Register of Corporations||REF HG4057.A4|
|Thomas Register of American Manufacturers||REF T12.T612 http://www.thomasregister.com/|
|Ward's Business Directory of US Private||REF HG 4057.A3 W375|
Individual states also grant trademarks, which offer protection in the granting state. Trademarks registered with the State of Florida can be researched via the Florida Division of Corporations' Public Access Web Database http://sunbiz.org/search.html .
Every logo that is registered by the USPTO is assigned a numerical code based on each significant graphical component that comprises that logo. Design code can be determined using the USPTO's Trademark Design Code Manual, Patents T223.V15 1990 or http://www.uspto.gov/tmdb/dscm/index.html.
Read the introduction and general guidelines in the Design Code Manual to learn how to use it. Once you've determined your design code, do a Structured Form Search in TESS. Type in your design code in the box below Search Term, from the drop-down menu below Title Field select Design Code, and then click Submit Query.
For additional information about trademark research ask at the Reference Desk or visit the UCF Patent and Trademark Depository Library homepage at http://library.ucf.edu/GovDocs/pat_trad.htm
Read the brochure "Basic Facts About Registering A Trademark", in paper at the UCF Patent and Trademark Library and online at http://www.uspto.gov/web/offices/tac/doc/basic/
For help with filling out your trademark application forms call the USPTO Trademark Assistance Center at (703) 308-9000.
United States Patent and Trademark Office http://www.uspto.gov/ or (800) 786-9199
Last updated October 13, 2011 9:28:27 AM