Key Takeaways

  • Logo trademark searches help ensure your design is unique and legally protectable.
  • The USPTO Trademark Electronic Search System (TESS) is the primary tool for checking registered trademarks.
  • Common law trademarks may exist even if a logo is not federally registered.
  • Design search codes are essential for locating similar trademarks with visual elements.
  • Trademark infringement can lead to legal disputes, financial loss, and rebranding costs.
  • International trademark checks are necessary for businesses operating globally.
  • Consulting a trademark attorney can clarify trademark rights and minimize legal risks.

A search for logo trademarks helps you find existing trademarks that are the same or very similar to one you want to use. It's important to do a thorough search before registering or using a logo trademark to avoid the risk of infringement.

Check Your Logo Design Against Existing Logos

You can begin a search at the United States Patent and Trademark Office (USPTO) website. You'll be able to do it for free, but it will be time-consuming. Like a patent search, a trademark search requires time and care to do it correctly.

Trademark violation happens when someone tries to register a trademark that can be easily confused with an existing registration, especially that of a competitor. Typically, you can narrow down your search to entities in the same industry you're in.

Small and medium-sized businesses that have just a local presence don't usually have a problem with logo trademark conflicts. However, anyone with an internet startup or who plans to have national or international reach should invest the time and money into a thorough search to make sure he or she avoids expensive legal hassles or marketing embarrassment in the future.

It's unlikely that you'll run into problems as long as you don't have a similar logo as an existing competitor.

In the past, a logo trademark search done online was very expensive. It used to cost at least $1,000, but the price has come down with image recognition. If a person only does image recognition search, it's not a good, thorough service. To get a proper search, you should have a combination of knowledge/design code plus image recognition.

Understanding Trademark vs. Copyright for Logos

Many businesses confuse trademark and copyright protection when securing rights to a logo. Here’s how they differ:

  • Trademarks protect brand identifiers like names, logos, and slogans that distinguish a business from competitors.
  • Copyrights protect original artistic expressions, including graphic designs, music, and literature.

Which applies to a logo?

  • A logo can be trademarked if it is used for commercial branding.
  • A logo may also be copyrighted if it contains artistic elements that qualify for protection.
  • Trademark protection lasts indefinitely as long as it is in use and renewed, while copyright generally lasts for the life of the creator plus 70 years​.

For full protection, businesses should consider both trademarking and copyrighting their logos.

Reasons to Do a Trademark Search

Many people go into using a name without finding out if they're legally clear to do so. They pour a lot of resources into marketing campaigns and publicity, only to find out they can't use the name/trademark later on.

It's a good idea to conduct a Comprehensive Search Study as a first step, before registering or doing business using a trademark. Getting complete search results can help you avoid any risks of litigation in the future.

If another entity is already doing business in your same channel or class, you don't want to use a trademark that's too similar to theirs. If you try and register a similar mark or use it without registering it, the other company might object to your use of the mark. They may decide to take you to court for trademark infringement, and if they win the case, you'll be prohibited from using the mark.

Consequences of Trademark Infringement

Failing to conduct a thorough logo check for copyright and trademark conflicts can have serious legal and financial repercussions. Common consequences include:

  1. Legal Action: The rightful owner may file a lawsuit for trademark infringement, potentially leading to fines and legal fees.
  2. Rebranding Costs: If forced to change your logo, you may need to update marketing materials, packaging, and online branding.
  3. Lost Brand Recognition: Replacing a logo can confuse customers and weaken brand identity.
  4. Limited Market Expansion: Trademark conflicts can prevent nationwide or global expansion.
  5. Financial Penalties: Courts may order businesses to pay damages for unauthorized use of a registered mark​.

Conducting a comprehensive trademark search minimizes these risks and ensures long-term brand security.

Conduct a Free Logo Search at the USPTO Site

  1. Visit the U.S. Patent and Trademark Office website.
  2. Click “Trademarks” and then select “Searching Trademarks.”
  3. Navigate to the Trademark Electronic Search System (TESS). The Design Search Code Manual is where you want to start your logo search. Design search codes are assigned to registrations and applications to help identify conflicting marks. In the Manual, you'll find indexes for sections, divisions, and categories.
  4. After you check the manual, use TESS to search the USPTO database. 

If you'd rather conduct a search in person, you can visit the Trademark Public Search Library located in Alexandria, Virginia. Check operating days and times, and if you require research assistance, it's available from 8 a.m. to 5 p.m.

Expanding Your Trademark Search Beyond the USPTO

A USPTO search is an essential step, but it does not cover all trademarks. Many businesses use unregistered (common law) trademarks, which may still have legal protection.

For a complete search, consider:

  • State Trademark Databases – Many states require businesses to register trademarks at the state level.
  • Business Name Registries – Check DBAs (Doing Business As) and LLC filings to spot conflicting names.
  • Common Law Sources – Search social media, domain names, and business directories for similar logo use.
  • International Trademark Databases – If expanding globally, check databases like:
    • WIPO (World Intellectual Property Organization) Global Brand Database
    • EUIPO (European Union Intellectual Property Office)
    • Canadian Intellectual Property Office (CIPO)​.

A comprehensive search helps businesses avoid conflicts with existing brands that may not appear in the USPTO database.

Strong Marks Versus Weak Marks

After you establish that your trademark is unique and distinguishable from existing marks, consider its strength or weakness. This can help you predict any future infringement possibilities.

Your mark's characteristics play a part in how easy or difficult it would be for someone else to copy it for counterfeiting purposes or for a competitor to design a similar mark that's still legally permissible.

  • Strong marks don't employ commonly used words and terms to describe services or goods but instead may be fanciful, suggestive, or arbitrary.
  • Marks that are easy to counterfeit or reproduce are considered weak.

You may be able to register generic marks that employ well-known and popular words, but it can be hard to defend them as unique.

It's a time-consuming process, but searching for logo trademarks before you register your own is very important. It helps you discover existing marks so that you don't infringe on someone else's rights, and it can help you choose a strong design.

How to Strengthen Your Logo Trademark

A strong trademark is more distinctive and defensible. To ensure your logo qualifies for strong protection, consider these factors:

  1. Fanciful Marks – Completely original designs or invented words (e.g., Nike swoosh).
  2. Arbitrary Marks – Existing words used in unrelated industries (e.g., Apple for computers).
  3. Suggestive Marks – Indirectly hint at a product’s features (e.g., Jaguar for cars).

Avoid Weak Marks:

  • Descriptive marks (e.g., "Fast Car Rentals") may not qualify for protection.
  • Generic marks (e.g., "Coffee Shop") offer no trademark rights.
  • Common shapes or symbols are harder to defend in legal disputes​.

Choosing a unique and distinctive logo improves trademark eligibility and enforcement.

Frequently Asked Questions

1. How do I check if a logo is copyrighted? Search U.S. Copyright Office records or contact the original designer for rights information.

2. Is a logo automatically protected by copyright? Yes, if it qualifies as an original creative work, but trademark registration is needed for branding.

3. What happens if my logo is similar to another trademark? You may face legal disputes, financial penalties, and forced rebranding.

4. Can I use a logo if it’s not trademarked? Not necessarily. Common law rights may still apply, even if a logo isn’t federally registered.

5. Should I trademark or copyright my logo? For full protection, consider both copyrighting the design and trademarking it for branding.

If you need help with searching logo trademarks, 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.