How to Do a Trademark Clearance Search
Search before filing. A clearance search prevents the costly mistake of building a brand around a name you cannot own.
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Step 1
Search Official Trademark Databases
USPTO TESS (tmsearch.uspto.gov) for US marks — use "Free Form Search" for Boolean queries. EUIPO eSearch Plus (euipo.europa.eu) for EU marks. TMview (tmview.org) for 70+ offices worldwide — the broadest free tool. CNIPA (sbj.cnipa.gov.cn) for Chinese marks — search both English and Chinese characters.
USPTO TESSEUIPO eSearchTMview (Global)CNIPA
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Step 2
Search for Unregistered Use
Google and Amazon: search for companies using a similar name in your industry — they may have common-law rights even without registration. Domain registrars: check if the .com and country-code domains are available. A taken domain suggests someone is already using the name.
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Step 3
Search Broadly — Not Just the Exact Mark
Search the exact mark, phonetic equivalents (PHISH vs FISH), visual equivalents (similar logos), and translations into target market languages. Search in every Nice class relevant to your goods/services.
Exact MatchPhoneticVisualTranslations
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Decision
File or Go Professional?
If nothing concerning found → filing is relatively safe. If similar marks found in related classes → commission a professional clearance search ($500–$2,000) and a legal opinion from a trademark attorney before proceeding.
⚠ Pitfalls to Avoid
Searching Only the Exact Name
Trademark conflicts aren't limited to exact matches. "KLEEN" conflicts with "CLEAN." "ByteBite" may conflict with "BiteByte." Search phonetic equivalents and similar spellings.
Ignoring Common-Law Rights
A company using a similar name in your industry without a registration may still have common-law trademark rights. Google and Amazon searches are essential — not just official databases.
Not Searching in Chinese
If you plan to sell in or manufacture in China, search for Chinese-language versions of your brand. A Chinese company may already own the Chinese transliteration of your English mark.