How to Check Trademark Status

Understanding how to check trademark status is a critical skill for entrepreneurs, brand owners, legal professionals, and anyone involved in product development, marketing, or intellectual property management. A trademark is more than just a logo or brand name—it’s a legal asset that protects your business identity and prevents others from using confusingly similar marks in the same industry. However, registering a trademark is only the beginning. Monitoring its status ensures it remains active, enforceable, and free from challenges that could jeopardize your rights.

Many businesses assume that once a trademark application is filed, protection is guaranteed. This is a dangerous misconception. Trademark applications can be abandoned, opposed, or rejected due to procedural errors, conflicts with existing marks, or failure to meet filing requirements. Similarly, registered trademarks require ongoing maintenance, including renewal filings and declarations of continued use. Without regular status checks, brand owners risk losing valuable rights without even realizing it.

This comprehensive guide walks you through the entire process of checking trademark status—from initial application tracking to maintaining registered marks—using official government databases and industry best practices. Whether you’re a startup founder protecting your first brand or a legal professional managing a portfolio of hundreds of trademarks, this tutorial provides actionable, step-by-step instructions to ensure your intellectual property remains secure and legally sound.

Step-by-Step Guide

Checking trademark status is a multi-phase process that varies depending on whether you are tracking an application in progress or verifying the validity of a registered mark. Below is a detailed, chronological breakdown of each step you must follow to accurately determine the status of a trademark.

Identify the Jurisdiction

Trademarks are territorial rights. This means a trademark registered in the United States offers no protection in the European Union, and vice versa. The first step in checking trademark status is identifying the correct jurisdiction where the mark was filed or registered.

Common jurisdictions include:

• United States Patent and Trademark Office (USPTO)
• European Union Intellectual Property Office (EUIPO)
• World Intellectual Property Organization (WIPO) for international registrations under the Madrid System
• Intellectual Property Office of the United Kingdom (UKIPO)
• China National Intellectual Property Administration (CNIPA)

Each jurisdiction maintains its own database and filing system. If your brand operates in multiple countries, you must check status in each relevant office. For most users in the U.S., the USPTO database is the primary resource.

Gather Essential Information

To search effectively, you need accurate identifying details about the trademark. Without precise information, your search may return irrelevant results or miss the mark entirely. Collect the following:

• Trademark name or logo (exact spelling, including punctuation and spacing)
• Application number (if known; typically starts with a series of digits and may include a letter prefix, e.g., 90123456)
• Registration number (for already registered marks; usually 6–8 digits)
• Owner’s name (individual or corporate entity as listed on the filing)
• Class of goods or services (e.g., Class 25 for clothing, Class 9 for software)

Even if you don’t have the application number, you can still search using the mark itself or the owner’s name. However, having multiple identifiers increases accuracy and reduces false positives.

Access the Official Trademark Database

Each country’s trademark office provides a free, publicly accessible online database. For U.S. trademarks, visit the USPTO’s Trademark Electronic Search System (TESS). For international marks, use WIPO’s Madrid Monitor. EUIPO users can access eSearch Plus.

When accessing the database:

• Use a modern browser with JavaScript enabled.
• Disable ad blockers that may interfere with search functionality.
• Ensure you are on the official government website—avoid third-party portals that may charge fees or provide incomplete data.

Some databases offer both basic and advanced search options. Beginners should start with the basic search to get familiar with the interface.

Perform a Basic Search

In TESS, select “Basic Word Mark Search (New User)” if you’re searching by name. Enter the exact trademark as it appears in the application. For example, if the mark is “NIGHTWING,” type it exactly that way—capitalization matters in some systems.

Use wildcards wisely:

• * (asterisk) = replaces any number of characters
• ? (question mark) = replaces a single character

For instance, searching for “NIGHT*” will return “NIGHTWING,” “NIGHTINGALE,” and “NIGHTLIFE.” Be cautious—overuse of wildcards can yield hundreds of irrelevant results.

After submitting the search, review the results. Each entry includes:

• Mark representation (text or design)
• Application and registration numbers
• Owner name and address
• Filing date
• Current status
• Goods/services class
• Attorney information (if applicable)

Pay close attention to the “Status” field. Common statuses include:

• Registered – Mark is officially protected.
• Published for Opposition – Mark is approved but open to third-party challenges.
• Application Approved – Examining attorney has approved the application; awaiting registration.
• Abandoned – Applicant failed to respond to an office action or missed a deadline.
• Cancelled – Registration was terminated, often due to non-renewal or legal challenge.
• Opposed – A third party has filed an objection; resolution pending.

Use Advanced Search for Complex Queries

If your basic search yields too many results or no results at all, switch to an advanced search. TESS offers several advanced search options:

• Combined Mark Search – Searches for exact phrases across multiple fields.
• Design Code Search – For logos, use the WIPO Vienna Classification code to find visual elements.
• Owner Name Search – Useful if you know the registrant but not the mark.
• Serial Number Search – Direct lookup using the application number.

Advanced searches use Boolean operators (AND, OR, NOT) and field tags. For example:

AND (NIGHTWING AND Class:25)

This query ensures results only include “NIGHTWING” in Class 25 (clothing), filtering out matches in unrelated categories.

Always cross-reference your results. A mark may appear in multiple classes if the owner has filed for broad protection. Ensure you’re reviewing the correct class relevant to your business.

Review the Document History

Once you locate the correct trademark, click on the application or registration number to view the full file history. This is where critical details emerge.

The document history includes:

• Initial filing receipt
• Office actions issued by the examining attorney
• Responses from the applicant
• Notices of Allowance
• Statements of Use (for use-based applications)
• Renewal filings
• Cancellation or opposition filings

For registered marks, look for the most recent renewal date. U.S. trademarks require renewal every 10 years, with a declaration of use required between the 5th and 6th year after registration. If these filings are missing, the mark may be at risk of cancellation.

For pending applications, check for outstanding office actions. If an applicant received a refusal based on likelihood of confusion and failed to respond within six months, the application is likely abandoned.

Verify International Registrations

If your trademark is registered under the Madrid Protocol, use WIPO’s Madrid Monitor. Enter the international registration number (e.g., 1234567) or the base country (e.g., US, EU). The system will show which member countries have extended protection and their current status in each jurisdiction.

For example, a U.S.-based mark registered internationally may be valid in Canada and Japan but rejected in Australia due to a prior local registration. Each country’s status is listed individually, so you must review each one.

Set Up Alerts and Monitor Changes

Trademark status is not static. An application can move from “Pending” to “Registered” in weeks—or remain stagnant for years. A registered mark can be cancelled overnight if the owner fails to file a Section 8 declaration.

Most official databases do not offer automatic email alerts. However, third-party tools (discussed later) can monitor changes and notify you of status updates. Alternatively, manually check your trademarks quarterly to catch early warnings.

For high-value marks, consider subscribing to trademark watching services that monitor new filings for conflicting marks. This proactive step prevents infringement before it occurs.

Best Practices

Checking trademark status is not a one-time task. It’s an ongoing responsibility that requires discipline, organization, and strategic planning. Below are industry-tested best practices to ensure your trademark portfolio remains protected and compliant.

Keep Detailed Records

Document every trademark you own or monitor. Create a spreadsheet or database that includes:

• Mark name and design
• Application and registration numbers
• Filing date and jurisdiction
• Current status
• Next deadline (e.g., renewal, declaration of use)
• Attorney or agent contact
• Link to official record

Include screenshots of search results and downloaded PDFs of key documents. This creates a paper trail for audits, litigation, or licensing negotiations.

Set Calendar Reminders for Deadlines

Trademark offices impose strict deadlines. Missing one can result in irreversible loss of rights.

• U.S. Section 8 Declaration: Between the 5th and 6th year after registration
• U.S. Section 9 Renewal: Every 10 years after registration
• EU: Renewal every 10 years, no declaration of use required
• Canada: Renewal every 10 years

Use calendar alerts (Google Calendar, Outlook, etc.) with multiple reminders—3 months, 1 month, and 1 week before each deadline. Assign responsibility to a team member if you’re not managing the portfolio personally.

Conduct Regular Clearance Searches

Before launching a new product, rebranding, or entering a new market, conduct a comprehensive clearance search. This includes checking for identical or similar marks in your class and adjacent classes.

Don’t rely solely on government databases. Use commercial tools to analyze common law usage—unregistered marks that may still have legal protection under trademark law. Look for:

• Business websites and social media handles
• Domain name registrations
• Amazon, Etsy, or eBay listings
• Industry publications and trade shows

Even if a mark isn’t registered, its prior use in commerce can block your registration or lead to infringement claims.

Monitor for Infringement

Trademark protection is only as strong as your enforcement efforts. Regularly monitor marketplaces, social media, and competitor websites for unauthorized use of your mark.

Set up Google Alerts for your brand name. Use tools like Brandwatch or Trademarkia’s watch services to detect new filings that could conflict with your rights.

If you find a potential infringer, document the use with screenshots and dates. Consult a trademark attorney before taking action—sending a cease-and-desist letter without proper legal backing can backfire.

Understand the Difference Between TM, SM, and ®

Using the correct symbol communicates your rights status:

• ™ – Used for unregistered trademarks for goods
• ℠ – Used for unregistered service marks
• ® – Used only for federally registered trademarks in the U.S.

Using the ® symbol before registration is complete can lead to penalties or invalidation of your application. Always verify your status before using ®.

Update Owner Information Promptly

If your business changes names, relocates, or undergoes a merger, update your trademark records immediately. Failure to do so may result in missed notices, lost deadlines, or challenges to your ownership rights.

Most trademark offices allow online updates. For USPTO, use the Trademark Electronic Application System (TEAS) to file a change of address or ownership assignment.

Conduct Portfolio Audits Annually

Review your entire trademark portfolio once a year. Ask:

• Are all marks still in use?
• Are any marks no longer relevant to current business operations?
• Are there any marks that are vulnerable due to non-renewal or lack of enforcement?
• Can we consolidate or streamline our filings?

Abandoning unused marks reduces maintenance costs and avoids clutter in your portfolio. It also signals to competitors that you are actively managing your IP.

Tools and Resources

While official government databases are essential, they are not always user-friendly or comprehensive. Fortunately, a range of specialized tools and resources can enhance your ability to check trademark status, monitor conflicts, and manage your portfolio efficiently.

Official Government Databases

These are free, authoritative, and legally binding sources of trademark data:

• USPTO TESS – https://tmsearch.uspto.gov – Primary U.S. trademark database with full document access.
• EUIPO eSearch Plus – https://euipo.europa.eu/eSearch – Comprehensive EU-wide search with design and classification filters.
• WIPO Madrid Monitor – https://www.wipo.int/romarin – Tracks international registrations under the Madrid System.
• UKIPO Intellectual Property Search – https://www.gov.uk/search-for-trademark – Official UK trademark registry.
• CNIPA Trademark Search – http://sbj.cnipa.gov.cn – China’s national trademark database (available in Chinese; use browser translation tools).

Commercial Trademark Search Platforms

These platforms aggregate global data, offer advanced analytics, and provide monitoring features:

• Trademarkia – Offers free basic searches and paid monitoring. Includes historical data, attorney profiles, and infringement alerts.
• CompuMark – Enterprise-grade platform used by Fortune 500 companies. Provides global trademark and domain searches, similarity analysis, and portfolio management.
• MarkMonitor – Specializes in brand protection and anti-counterfeiting. Integrates with legal teams for enforcement workflows.
• Thomson Reuters TrademarkNow – AI-powered search engine with predictive analytics and risk scoring for potential conflicts.
• Clarivate (formerly Derwent) – Combines trademark, patent, and design data for comprehensive IP analysis.

While commercial tools require subscription fees, they save significant time and reduce the risk of human error. For small businesses, free tools may suffice. For brands with international exposure, paid platforms are a necessary investment.

Domain and Social Media Checkers

Many trademark conflicts arise from domain name squatting or social media impersonation. Use these tools to check availability:

• Whois Lookup – https://whois.domaintools.com – Identifies domain registrants and registration dates.
• BrandSnag – Scans 100+ social platforms for unauthorized use of your brand name.
• KnowEm – Checks username availability across 500+ social networks and platforms.

Register your brand name on major platforms—even if you don’t plan to use them immediately—to prevent cybersquatting.

Legal and Educational Resources

Deepen your understanding of trademark law with these authoritative sources:

• USPTO Trademark Manual of Examining Procedure (TMEP) – https://www.uspto.gov/web/offices/pac/mpep/index.html – The official guide to U.S. trademark examination standards.
• WIPO Intellectual Property Handbook – https://www.wipo.int/edocs/pubdocs/en/wipo_pub_951.pdf – Global overview of IP rights.
• International Trademark Association (INTA) – https://www.inta.org – Offers webinars, templates, and legal updates for trademark professionals.
• Stanford Law School – Trademark Law Resources – https://law.stanford.edu/trademark-law/ – Free educational materials and case studies.

Third-Party Monitoring Services

Automated services that track new trademark filings that may conflict with yours:

• Trademarkia Watch – Alerts you when a new application is filed for a similar mark in your class.
• MarkMonitor Watch – Monitors over 100 jurisdictions and provides detailed conflict analysis.
• Trademark Engine – Offers affordable monthly monitoring plans for small businesses.

These services typically cost $50–$300 per year per mark and are invaluable for preventing oppositions or cancellations before they escalate.

Real Examples

Understanding how to check trademark status becomes clearer through real-world examples. Below are three scenarios illustrating common situations and how proper status checks prevented costly mistakes.

Example 1: The Abandoned Application

A startup named “VerveBrew” filed a trademark application for coffee-related goods in Class 30. The application was assigned serial number 90123456. Six months later, the USPTO issued an office action citing likelihood of confusion with “Verve Coffee,” a registered mark in the same class.

The startup’s founder assumed the application was still active and began printing packaging with the VerveBrew logo. Two years later, they received a cease-and-desist letter from Verve Coffee’s owner.

Upon checking TESS, they discovered the application had been abandoned due to non-response. They had missed the six-month deadline to respond to the office action. By the time they realized this, they had already spent $15,000 on branding and marketing.

Lesson: Always check the document history. If an office action is issued, respond promptly or consult an attorney. Never assume an application is still pending without verifying its status.

Example 2: The Expired Registration

A small apparel company registered “UrbanThread” in 2015. In 2020, they failed to file the Section 8 declaration of continued use. The USPTO cancelled the registration in 2021. The company continued using the mark, unaware.

In 2023, a competitor filed a new application for “UrbanThread” and received registration. The original owner tried to sue for infringement—but had no registered rights. The court dismissed the case, stating the mark was abandoned due to non-renewal.

By the time the original owner tried to re-register, the mark was already taken. They had to rebrand entirely, losing years of customer recognition.

Lesson: Set calendar reminders for renewal deadlines. Even if you’re still using the mark, registration without renewal provides no legal protection in federal court.

Example 3: The International Conflict

A U.S.-based tech company filed a trademark for “NexaSync” in Class 9 (software). The mark was registered in the U.S. and later extended to Canada and the EU under the Madrid Protocol.

When entering the Australian market, they discovered a local company had already registered “NexaSync” in 2018. Because Australia is not part of the Madrid System, their U.S. registration offered no protection there.

Had they checked the Australian trademark database before launching, they could have modified the name or negotiated a coexistence agreement. Instead, they spent $50,000 on a rebrand after launch.

Lesson: Always check local trademark databases in every country where you plan to operate—even if you have an international registration. Madrid protection does not guarantee approval in every member state.

Example 4: The Common Law Challenge

A bakery in Portland, Oregon, began using “The Crumbly Scone” on its packaging and website. They didn’t register the mark, assuming their local use was sufficient.

Two years later, a national chain filed a federal trademark application for the same name. The bakery received a cease-and-desist letter.

Because the national chain had filed first and the bakery had no registration, they had to prove prior use in commerce. They submitted invoices, social media posts, and customer testimonials dating back to their launch.

The USPTO allowed the national chain’s registration but granted the bakery a limited “coexistence” right to use the mark only within a 50-mile radius of Portland.

Lesson: Even unregistered marks can have rights under common law. If you’re using a mark in commerce, document everything. But for nationwide protection, register early.

FAQs

How long does it take to check a trademark status?

Checking trademark status typically takes less than 10 minutes if you have the application or registration number. Searching by name may take longer if there are multiple similar marks. Document reviews can take 15–30 minutes depending on complexity.

Can I check trademark status for free?

Yes. All major trademark offices—including USPTO, EUIPO, and WIPO—provide free public search tools. Be cautious of third-party websites that charge fees for information available for free on official government portals.

What does “dead” or “abandoned” mean for a trademark?

“Dead” or “abandoned” means the application or registration is no longer active. The owner failed to respond to an office action, missed a renewal deadline, or withdrew the application. A dead mark may be available for registration by another party, but you should still conduct a clearance search to ensure no common law rights exist.

Can I register a trademark that was previously abandoned?

Possibly. If a mark has been officially abandoned and there is no evidence of continued use in commerce, you may be able to register it. However, if the former owner is still using the mark, they may have common law rights. Always investigate usage history before filing.

Do I need a lawyer to check trademark status?

No. You can perform basic searches yourself using official databases. However, for complex cases—such as oppositions, international filings, or legal disputes—consulting a trademark attorney is strongly recommended. They can interpret legal language, assess risk, and advise on next steps.

How often should I check my trademark status?

Check your trademarks quarterly during the application phase. Once registered, verify status at least once a year. Set reminders for renewal and declaration deadlines. If you use monitoring services, you’ll receive alerts automatically.

What happens if my trademark is opposed?

If a third party files an opposition, your application will be suspended until the issue is resolved. You’ll have an opportunity to respond with evidence and legal arguments. The process is handled by the Trademark Trial and Appeal Board (TTAB) in the U.S. and can take 12–24 months. Legal representation is highly advised.

Can I check trademark status in other countries?

Yes. Each country has its own trademark office and database. Use WIPO’s Madrid Monitor for international registrations, or visit the national office website directly (e.g., IPO.gov.uk for the UK, CNIPA.gov.cn for China).

Is a trademark search the same as a patent search?

No. Trademarks protect brand names, logos, and slogans. Patents protect inventions, designs, and processes. They are governed by different laws and databases. Always perform separate searches for trademarks and patents when launching a new product.

What if I find a similar trademark already registered?

Don’t panic. Similarity alone doesn’t always mean conflict. The key factors are:

• Are the goods/services related?
• Are the marks visually or phonetically similar?
• Are they sold in the same channels or to the same customers?

If the marks are in unrelated industries (e.g., “Apple” for computers vs. “Apple” for fruit), coexistence is often allowed. Consult a trademark attorney to assess risk before proceeding.

Conclusion

Knowing how to check trademark status is not optional—it’s essential for protecting your brand’s integrity, avoiding legal disputes, and maximizing the value of your intellectual property. Whether you’re a solopreneur launching your first product or a corporate legal team managing a global portfolio, the principles remain the same: verify, document, monitor, and act.

Government databases like TESS and Madrid Monitor are powerful, free tools—but they require diligence. Many businesses lose trademarks not because of fraud or theft, but because they failed to check status, missed deadlines, or assumed their rights were permanent. A single overlooked renewal can erase years of brand equity.

Adopt the best practices outlined in this guide: keep organized records, set calendar reminders, conduct clearance searches before launch, and monitor for infringement. Use commercial tools when necessary, but always start with official sources. Learn from real-world examples—abandoned applications and expired registrations are preventable tragedies.

Trademarks are not static assets. They require active management, just like your website, inventory, or customer relationships. By mastering how to check trademark status, you take control of your brand’s future. Don’t wait until it’s too late. Start today. Check your marks. Protect your name. Secure your legacy.