Free Trademark Information

This page exists because trademark law is genuinely confusing in a way that most people don’t expect — and in a way that’s different from almost every other area of intellectual property.

With a patent, you either have one or you don’t. With a trademark, rights can exist without any registration, anywhere, in any database. Someone can own a name they’ve never registered with the government, never filed paperwork for, and never even thought to protect — and still have a legal claim that can stop you from using yours. The government won’t tell you this when you apply. They’ll just check their own records and award you a registration, even if someone else has been using that name for fifteen years.

That’s not a loophole. That’s how trademark law was designed.

We’ve spent 25+ years watching people learn this the hard way. We’ve also spent 25+ years fielding one question that might surprise you, a question that comes not just from business owners, but from attorneys:

“So, is this name available?”

You’d be amazed how often that question lands on our desk after a search report goes out. Trademark clearance is not a simple checklist. It’s a judgment call informed by research — and the quality of the research matters enormously.

The two resources below are the most useful free information we know how to give you. They’re written in plain English, based on real experience, and they don’t pull punches about what a search can and can’t tell you.

What Is a Comprehensive Trademark Search and What Does It Include?

Start here if you want to understand what a proper trademark search covers, why the USPTO won’t do this for you, and how trademark rights can exist without any registration at all. Essential reading before you invest in a name.

How to Read Your Trademark Search Report

Start here if you’re holding a search report and trying to figure out what it’s telling you. We walk through each section of the report, what the legal standard of “likelihood of confusion” actually means in practice, and when to be genuinely concerned vs. when to move forward.

TESS vs. a Professional Trademark Search: Why One of These Can Get You Sued

Many people ask us: Why can’t I just use the free information I can find at the USPTO. YOU CAN and it’s a great start but you need to know the whole story of how that alone won’t stop a cease and desist letter showing up at your door. Lawsuits are expensive and you want to do everything you can to make sure you don’t find yourself in one.