05/27/2025
Before you start buying domains and hiring a designer, make sure no one else is using that name. Skipping trademark clearance can lead to costly rebrands or even infringement claims.
Doing a bit of DIY searching can get you started:
• Google is a decent start, but it won’t show USPTO filings or quiet-but-conflicting uses.
• USPTO’s TESS search? 👉 https://boagip.com/a-crash-course-in-tess-ii-the-usptos-new-trademark-search-system-godspeed-tess/
Excellent for exact-hit knockout searches, but difficult to search for alternate spellings and sometimes difficult to interpret the results.
• State business directories are helpful for spotting LLCs and corporations with the name—less so for what they actually sell.
• Social media and domains? Important since it's often the first thing a new business grabs, though no dispositive.
Each of these is just one piece of an overall picture. Full trademark clearance involves gathering all the facts and coming to a legal conclusion on how unique your brand really is.
It’s not just a quick search—it’s about protecting what you’re building.
On November 23, the curtain went down on TESS, the USPTO’s trademark search system that had served trademark searchers since roughly 2000.