Key Takeaways

  • Copyright and trademark searches serve distinct but complementary purposes.
  • To check if something is copyrighted, start with the U.S. Copyright Office’s Public Catalog and consider unregistered common law rights.
  • A copyright notice is not required for protection but may help identify works.
  • Copyright protection applies automatically upon creation and fixation in a tangible medium.
  • State and federal trademark searches are both necessary for comprehensive protection.
  • A lawyer can help verify originality, identify infringement risk, and interpret legal findings.

Copyright Trademark Search

Anyone interested in obtaining a copyright must first conduct a copyright trademark search. A trademark can be a phrase, name, logo, device, or any grouping thereof that is used as an identity or distinguisher to a person or company’s unique product that differentiates it from products sold by competitors.

Understanding the Difference Between Copyright and Trademark

While often used together, copyright and trademark serve different purposes in protecting intellectual property. Copyright protects original works of authorship—such as books, music, films, and software—once they are fixed in a tangible medium. Trademarks, on the other hand, protect brand identifiers like names, logos, slogans, and symbols that distinguish goods or services in commerce.

Understanding this distinction is crucial when conducting a copyright trademark search. A comprehensive search strategy should account for both copyright protection and trademark registration, especially if you plan to use the content in a commercial context.

Conducting a Nationwide Copyright Trademark Search

In order to determine if your mark has already been copyrighted, you must first conduct a nationwide copyright trademark search. The U.S. Patent and Trademark Office (“U.S. PTO”) makes available a public search engine, called the Trademark Electronic Search System, that shows what marks are copyrighted and in what category they are registered in. This search engine can be found at https://www.uspto.gov/.

How to Check if Something Is Copyrighted

To determine if something is copyrighted, follow these steps:

  1. Search the U.S. Copyright Office Catalog
    Visit copyright.gov and use the Public Catalog to search for registered works by title, author, or keyword. This database includes works registered since 1978.
  2. Check for a Copyright Notice
    Although not legally required, many creators include a notice like “© [Year] [Author’s Name]” on their works. This can be helpful in identifying the copyright holder.
  3. Search Online Platforms
    Conduct a reverse image search (e.g., Google Images or TinEye) or search the title in publication databases to locate the original source or owner.
  4. Look for Digital Watermarks or Metadata
    Many creators embed identifying information in the file properties or metadata. You can check this by right-clicking on the file and viewing its “Properties” or using metadata tools.
  5. Consider Unregistered Copyrights
    A work may still be protected even if not listed in a database. U.S. copyright law grants automatic protection from the moment of creation. If you can find the author, assume copyright applies unless it is explicitly waived.

The Importance of Conducting a Copyright Trademark Search

Even if a mark is unregistered, it is still important to conduct a copyright trademark search because a mark that is unregistered but still exists could possibly prevent a person or company from registering their mark and using it legally. If a person or company uses a registered or existing mark, they will be in violation of someone else’s trademark rights. If that party sues for infringement, a court may find that the person or company willfully infringed and knew the mark was registered (even if they did not know), and could result in a payment of the trademark owner’s attorneys’ fees and money damages.

When You Need to Perform a Copyright Check

You should check if something is copyrighted in the following scenarios:

  • Before using text, images, videos, or music in your own content or products
  • When republishing blog posts, academic works, or online articles
  • Prior to using artwork, templates, or code snippets for commercial purposes
  • When sourcing materials from third-party contributors or freelance platforms
  • To determine public domain status for older works (typically those published before 1929 as of 2025)

Failing to verify copyright status can lead to takedown notices, cease-and-desist letters, or even legal liability.

State Trademark Searches

When a person conducts a federal search for copyrighted trademarks, it is advised that they also conduct a statewide trademark search. Thomson’s SAEGIS database, mentioned above, is able to run a search across several sites that search for marks in all fifty states. This search engine can be found HERE. State trademark searches are invaluable, especially if a person conducts business in all fifty states.

Additional Resources for Verifying Copyright Status

Beyond the U.S. Copyright Office, consider these tools:

  • Google Books and Amazon: Helpful for identifying publication details and authorship
  • WorldCat.org: A global catalog of library collections that may help verify dates of publication
  • Creative Commons Search: Allows users to find works with licenses that allow reuse under specific conditions
  • Watchdog Services: Legal firms and services offer monitoring tools for copyrighted content to flag potential violations
  • Library of Congress Copyright Records: Especially useful for pre-1978 records, which may not appear in the public online catalog

These tools can support your copyright trademark search and ensure more thorough due diligence.

Frequently Asked Questions

  1. How can I tell if something is copyrighted without a notice?
    Copyright protection applies automatically upon creation. Even if no notice is present, the work is likely copyrighted unless it’s in the public domain.
  2. Is there a free way to check if something is copyrighted?
    Yes. Use the U.S. Copyright Office’s Public Catalog and reverse image or text search tools to investigate potential copyright ownership.
  3. Can I use something if it’s not registered with the Copyright Office?
    No. Unregistered works still receive automatic protection. Always obtain permission unless the use qualifies under “fair use.”
  4. What is the difference between trademark and copyright?
    Copyright protects creative expression; trademark protects branding elements like names and logos used in commerce.
  5. When should I consult an attorney?
    You should consult an attorney if you’re unsure whether your use qualifies as fair use, if a work is in the public domain, or if you've received a cease-and-desist related to potential infringement.

If you need help conducting a copyright trademark search, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.