Searching the USPTO database yourself is free. A full clearance search performed by an attorney typically costs a few hundred dollars, and is sometimes included in a flat-fee registration. The gap between the two is what the search actually covers.
The free option, and what it misses
The USPTO's Trademark Search system at tmsearch.uspto.gov is public and free. It replaced the older TESS system in November 2023 and covers registered marks and pending applications.
Everyone should run it. It is the fastest way to find an obvious conflict, and if an identical mark comes back in your industry you have saved yourself the rest of the process.
What it will not do is answer the question that actually matters. Typing your exact name and seeing nothing tests whether that string is registered. It does not test likelihood of confusion, which is the standard the examining attorney will apply.
What a full clearance search covers
- Phonetic equivalents and misspellings. Marks that sound like yours conflict even when they look nothing like it.
- Translations and foreign equivalents, which are compared for meaning.
- Design elements, where a logo is involved.
- Related goods and services, not just identical ones, because relatedness is where most refusals come from.
- State trademark registers, which the federal database does not include.
- Common-law use — businesses with unregistered rights that appear nowhere in any register but can still block you or sue you. Trade directories, domain registrations, and industry sources.
What it costs
Prices vary and anyone quoting a single national figure is guessing. Broadly, a self-directed USPTO search is free, a knock-out search covering obvious conflicts is inexpensive, and a full clearance search with an attorney opinion is typically a few hundred dollars.
At our firm the clearance search is included in the $1,500 flat fee for trademark registration, which includes the USPTO filing fee for one class. We do not price it separately, because filing without one is not something we would recommend.
The relevant comparison is not search versus no search. It is the cost of a search against the cost of an office action response, a forfeited filing fee, or a rebrand after two years of building a name you could not keep.
When to spend more on the search
- Your industry is crowded, or your name is close to a common word.
- You are about to invest in packaging, signage, or a product launch built around the name.
- You intend to expand into other classes or other countries later.
- You found something in the free search that you are not sure about. Ambiguity is precisely what an opinion is for.
What you get for the money
A search report is raw data. Lists of marks, applications, and sometimes common-law uses. On its own it is difficult to act on.
An attorney opinion is the part with value. It reads the results against the likelihood of confusion standard and tells you what the risk actually is, which conflicts matter, and whether the name is worth building on.
A good opinion also tells you what to do about a marginal result: narrow the description of goods and services, adjust the mark, file on a different basis, or choose a different name before you have spent anything on it.
What skipping it tends to cost
- An office action. A refusal based on a prior mark requires a written response, which is billable work, and it may not succeed.
- A forfeited filing fee. USPTO fees are not refunded when an application fails. Every class you filed is gone.
- A lost filing date. Starting again means starting behind anyone who filed in the meantime.
- A rebrand. This is the expensive one — signage, packaging, printed material, the domain, and the search visibility you spent years accumulating under a name you can no longer use.
- In the worst case, a claim from the prior owner for the period you were infringing.
Searching sensibly on a budget
- Run the free USPTO search first and be honest about what you find. If an identical or near-identical mark appears in your industry, you have your answer at no cost.
- Search the way an examiner would. Try phonetic variants, common misspellings, and the same idea expressed in different words, rather than only your exact spelling.
- Search plain Google and your industry's trade directories for common-law users who appear in no register.
- Check the relevant state trademark register as well as the federal one.
- Then, if the name matters to your business, have the ambiguous results assessed properly. The point of paying for a search is not the searching. It is the judgment about what the results mean.
Frequently asked questions
Is the USPTO trademark search free?
Yes. The Trademark Search system at tmsearch.uspto.gov is publicly available at no cost, and it is a sensible first step for anyone.
Can I just do the search myself?
You can, and you should run the free one. What a self-search cannot reliably do is assess likelihood of confusion or find common-law users who appear in no register at all.
Is a search required before filing?
No, the USPTO does not require it. It is optional in the same sense that a survey is optional before buying a house.
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This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Rules differ by state and change over time. Please speak with a licensed attorney about your own situation.