Search Strategy

A U.S. trademark search covers four different categories:

• Federally registered trademarks (trade names are not registered at the federal level),
• State registered trade names and trademarks,
• Non-registered (i.e., common law) trade names and trademarks, and
• Internet domain names.

What To Look For In A Trademark Search

When selecting a name for a business, product or service, it is necessary to find one that the consumer can clearly identify and distinguish from other businesses, products or services. The researcher should look for marks/names that:

• match exactly,
• partially match,
• are phonetically similar (spelled differently but pronounced the same or similar; homonyms),
• are foreign language equivalents,
• have the same words in different order,
• have similar connotation (synonyms), or
• are the full (spelled out) meaning of abbreviations and acronyms.

If matches are found, consider the type of goods or services that these marks/names represent. Are they the same? If different, are the goods/services well known? Is the owner well known or litigious?

Searching For Federally Registered Trademarks

Over 3 million active, pending, and dead marks can be search by using the U.S. Patent and Trademark Office's TESS (Trademark Electronic Search System) database. The U.S. Patent and Trademark Office registers trademarks only, not trade names. Names of businesses and corporations are registered in the state(s) in which they do business.

1. TESS (http://www.uspto.gov/main/trademarks.htm, click on "Search" in right hand column.)
   Note: Dead marks prior to 1985 are not in this database.
   
   Once in the database, click on the blue HELP button for detailed instructions on using the database.
   See also:
   • Trademarks: Where Do I Start? (http://www.uspto.gov/web/trademarks/workflow/start.htm)
   • Conducting A Trademark Search (http://www.uspto.gov/web/offices/ac/ido/ptdl/tmsearch.html)
     

Searching For Arizona and Other State Registered Trademarks and Trade Names

States register both trademarks and trade names (names of businesses).

Arizona

In Arizona, there are two agencies that maintain trademark and/or tradename information, the Arizona Secretary of State and the Arizona Corporation Commission. The Trademark and Tradename Database contains all partnerships, trade names and trademarks on file with the Secretary of State, as well as corporations and limited liability companies (LLC) on file with the Corporation Division of the Corporation Commission.

2. AZ Trademarks and Tradenames Database (http://www.azsos.gov/scripts/TNT_Search_engine.dll)
   Click on the "instructions" link for detailed help. Also see: http://www.azsos.gov/business_services/tnt/tnt_name_search_instructions.htm

Other States

Many states use the Secretary of State for registration of trademarks and/or trade names; in other states, it may be handled by a department for commerce or corporation. To find the appropriate agency use:

3. State Trademark and Name Databases (FindLaw)
   (http://smallbusiness.findlaw.com/trademark/trademark-registration/state-trademark-info-links.html)
   

Searching For Common Law Trademarks and Trade Names

Some trademarks and trade names are in use but are not registered; these are referred to as "common law" trademarks and trade names. To find common law trademarks and trade names search:

4. Telephone Directories
   • Local Telephone Directories
   • Telephone and E-Mail Directories on the Internet
     
     

5. Business Directories
   Examples:
   • Million Dollar Database - Global Reach
     http://library.lib.asu.edu/record=e1000544
   • Million Dollar Database - Total US
     http://library.lib.asu.edu/record=e1000544
   • Yellowpages.com
     http://www.yellowpages.com
   • Reference USA
     http://library.lib.asu.edu/record=e1000380
   • Thomas Register of American Manufacturers
     http://www.thomasregister.com
     
     
     

6. Internet Search
   Also use Internet Search engines to look for use of the mark.

Searching For Domain Names

The WhoIs Database will find Internet Domain Names by keyword. As of April 2008, over 94 million names are registered.

7. WhoIs.Net
   http://www.whois.net