How TESS can help you do clearance searches

If you are wondering whether there are any competitors out there who are already using a mark similar to the one you wanted to get a trademark in (i.e.: your “proposed mark”), the United States Patent and Trademark Office’s Trademark Electronic Search System (“TESS”) is a valuable tool.

TESS is a database of every single trademark application that has ever been filed or registered. You can search it for specific marks or any marks that have common elements.

There are 3 ways to do a search on TESS: (1) Basic word mark search, (2) Structured word and/or design mark search, and (3) Free-form word and/or design mark search.

Basic word mark search: Do this type of search only if you are looking for competitors who use words in their mark. Although this is the easiest type of search, it’s also the most limited. You may have to do a few basic word mark searches to capture all the possible marks that exist and are relevant to your proposed mark.

Structured word and/or design mark search: Do this type of search if you are looking for competitors who use marks that may look or sound similar to yours. You can then build on this search by finding competitors who are in a similar industry as you. If your proposed mark has aesthetic design elements, use this search to find competitors with similar design codes.

Free-form word and/or design mark search: Do this type of search if you are an expert-level TESS user and are very comfortable with how it works. This type of search can show you competitors based on basic index numbers, translation index numbers, international class numbers, coordinated class numbers, and inactive status.

For more details on how to run each type of search, see the USPTO’s guidelines here.

Contact us for a free consultation if you need help doing a clearance search. We can generally conduct the entire search for you with our analysis in about 1-2 hours, depending on the complexity of your application.