---
title: "Trademark Search: Free Tools vs a Clearance Search"
description: How to search the USPTO register yourself, what a free trademark search misses, and when a full clearance search and written opinion is worth paying for.
image: https://turleylaw.com/hubfs/turley-law-og-default.jpg
---

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[Intellectual Property](https://turleylaw.com/intellectual-property) › Trademark Search

Trademark Search & Clearance · Nationwide

# Trademark Search: What Free Searches Miss

You leave knowing whether your name is clear enough to file on, or clear enough to keep using, and which of those two questions you actually needed answered.

[Book a Consultation — $50](https://turleylaw.com/consultation#book) [Call (203) 404-3000](tel:+12034043000)

Is This You?

## Before you print anything

- You’ve got a name picked and you want to know whether somebody already has it before you print anything.
- You searched the USPTO database yourself, found nothing, and you’re not sure whether that means you’re safe.
- You’ve been using the name for a while and someone just told you that you might not own it.
- Your filing came back refused for likelihood of confusion and you’re trying to work out what happened.

Do It Yourself First

## How to search it yourself

Start at the [USPTO’s own search system](https://tmsearch.uspto.gov/). It is free and public, and for a quick knockout read it is the right first stop. Search your exact mark, then search the obvious variants: different spellings, singular and plural, the word with and without your descriptive terms.

If an identical mark comes back registered for anything close to what you sell, you have your answer and you have not spent anything to get it.

Most people stop here. That is where the risk starts.

The Gap

## What a free search misses

**Unregistered common-law use.** Someone using a name in commerce without registering it can still have rights, and can still stop you in the area where they operate. None of that appears in a federal register search.

**State registrations.** Separate systems, not in the federal database.

**Marks that aren’t identical but are close enough.** The USPTO refuses applications for likelihood of confusion, not just for exact matches. Sound, appearance, meaning and the relatedness of the goods all count. A search for your exact spelling will not surface the mark that sinks your application.

**Pending applications.** An application filed last month and not yet examined can still have priority over yours.

**Whether the mark is registrable at all.** Descriptive and generic terms get refused regardless of whether anyone else has them.

What’s Included

## Two levels of search

- **Knockout search** — the federal register, checked for anything that blocks the mark outright. Included with a [trademark registration](https://turleylaw.com/intellectual-property) engagement.
- **Full clearance search and written opinion** — common-law uses, state registrations, close variants and relatedness of goods, with a written read on the risk and a recommendation on whether to file, adjust the mark, or pick another one.

Scope and fee are set in writing before any work starts. A clearance search is worth paying for when the name is going on packaging, signage or a product launch, when you are about to spend real money on the brand, or when a knockout search turned up something close but not identical. The first step is a 30-minute consultation with the attorney for $50, credited toward the engagement.

Nationwide Practice

Trademark practice before the USPTO is open to any attorney in good standing with a state bar, so Turley Law runs searches and files applications for companies anywhere in the United States. The attorney is admitted in Connecticut, New York and Massachusetts.

How It Works

## Three steps

### 1 — Send the mark and what you sell

Those two things together are what the analysis runs on; a mark is only clear relative to particular goods and services.

### 2 — Knockout read, 2 to 3 business days

A plain answer on whether the mark is worth pursuing.

### 3 — Full clearance if the stakes warrant it

Five to seven business days. A written opinion you can show an investor, a lender or a board.

Related Reading

## More on this

[Intellectual Property: Trademarks, Trade Secrets and Licensing](https://turleylaw.com/intellectual-property) [Trademark Renewal and USPTO Deadlines](https://turleylaw.com/blog/trademark-renewal-uspto-deadlines) [Lessons Learned From Famous IP Cases](https://turleylaw.com/blog/lessons-learned-from-famous-ip-cases-protecting-your-business)

Questions?

## Good to know

### Is the USPTO search free?

Yes. The USPTO’s search system is public and free, and you should use it before paying anyone. It tells you about federally registered and pending marks. It does not tell you about unregistered use, state registrations, or whether a non-identical mark is close enough to block you.

### What’s the difference between a knockout search and a clearance search?

A knockout search looks for the obvious blockers and tells you whether to file. A clearance search goes into common-law use, state registrations and confusingly similar marks, and tells you how exposed you are if you do. The first is a go/no-go. The second is a risk assessment.

### I searched and found nothing. Am I safe to use the name?

Safer than if you had found something, but a clean federal search does not rule out an unregistered prior user with rights in their territory. How much that matters depends on how much you are about to spend on the brand.

### How do I trademark a name?

Search it, pick the classes that match what you actually sell, file the application with a specimen showing the mark in use, and respond to any office action. Registration typically takes 8 to 14 months when nothing is contested.

### What is a trademark opinion letter?

A written analysis of whether a mark is available and what the risks are in using or registering it. Investors, lenders and acquirers ask for one during diligence. It is also the document that shows you did your homework if a dispute comes later.

### Can I trademark a name that’s similar to an existing one?

Sometimes, if the goods and services are unrelated enough that buyers would not be confused. “Delta” exists as an airline and as a faucet company. The analysis is about confusion in the marketplace, not about the word itself.

### What if someone else is already using my name but hasn’t registered it?

They may have common-law rights in the area where they use it. You can potentially still register federally, but their prior use can limit where you can operate and can be raised against you. This is the exact gap a free search leaves open.

### Do I need to search before I file?

You are not required to. The USPTO will examine your application either way. The reason to search is that a refusal costs you the filing fee and several months, and a refusal after you have printed packaging costs considerably more.

### How long does a clearance search take?

Five to seven business days for the full search and written opinion. A knockout read comes back in two to three.

### Will a search get my application approved?

No. A search reduces risk; it does not eliminate it. Examiners reach their own conclusions and pending applications are not always visible when you search.

### Should I search internationally?

If you sell abroad or plan to, yes, and it is a separate exercise per jurisdiction. A US search tells you about the US.

### What if I already filed and got refused?

Read the office action for the ground. Some refusals are procedural and fixable by amendment. A likelihood-of-confusion refusal needs either argument or a change to the mark, and there is a deadline on the response.

Turley Law PLLC · 63 Wall Street, Suite 1B, Madison, CT 06443 · 295 Madison Avenue, 2nd Floor, New York, NY. Licensed in Connecticut, New York and Massachusetts. Juris No. 444346. Trademark matters handled before the United States Patent and Trademark Office. Attorney advertising. Prior results do not guarantee a similar outcome. This page is general information about legal services, not legal advice, and reading it does not create an attorney-client relationship. Page last reviewed: October 2026.

## Search before you spend on the name.

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Attorney Advertising. Prior results do not guarantee a similar outcome. The content of this website is general information, not legal advice. No attorney-client relationship is formed by using this site or by contacting the firm through it. Trademark and copyright registration are matters of federal law handled before the U.S. Patent and Trademark Office and U.S. Copyright Office; all other services are limited to jurisdictions where the firm is licensed (CT, NY, MA).

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    "@id" : "https://turleylaw.com/#legalservice"
  }
}
```

```json
{
  "@context" : "https://schema.org",
  "@id" : "https://turleylaw.com/#localbusiness",
  "@type" : "LocalBusiness",
  "address" : {
    "@type" : "PostalAddress",
    "addressCountry" : "US",
    "addressLocality" : "Madison",
    "addressRegion" : "CT",
    "postalCode" : "06443",
    "streetAddress" : "63 Wall Street, Suite 1B"
  },
  "areaServed" : [ {
    "@type" : "State",
    "name" : "Connecticut"
  }, {
    "@type" : "State",
    "name" : "New York"
  }, {
    "@type" : "State",
    "name" : "Massachusetts"
  }, {
    "@type" : "City",
    "name" : "New Haven"
  }, {
    "@type" : "City",
    "name" : "New York City"
  }, {
    "@type" : "City",
    "name" : "Boston"
  } ],
  "email" : "hello@turleylaw.com",
  "faxNumber" : "+1-475-466-9001",
  "geo" : {
    "@type" : "GeoCoordinates",
    "latitude" : 41.2795,
    "longitude" : -72.5984
  },
  "image" : "https://turleylaw.com/hubfs/turley-law-logo.png",
  "name" : "Turley Law PLLC",
  "openingHoursSpecification" : [ {
    "@type" : "OpeningHoursSpecification",
    "closes" : "17:00",
    "dayOfWeek" : [ "Monday", "Tuesday", "Wednesday", "Thursday", "Friday" ],
    "opens" : "09:00"
  } ],
  "sameAs" : [ "https://www.linkedin.com/company/turley-law-pllc", "https://linkedin.com/in/blaketurley", "https://www.youtube.com/@blaketurley", "https://www.facebook.com/TurleyLaw", "https://x.com/Turley_Law" ],
  "telephone" : "+1-203-404-3000",
  "url" : "https://turleylaw.com"
}
```