Trademark screener

General guidance only. Trademark registrability requires a professional clearance search and legal analysis specific to your mark and industry. This tool identifies common issues for discussion with a trademark attorney - it doesn't replace a formal search or legal opinion. See our full disclaimer.

Your trademark registrability assessment

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A trademark attorney conducts a detailed clearance search, advises on registrability, and handles your USPTO application correctly the first time - reducing the risk of refusal or later infringement disputes. Free initial consultation in most areas.

What makes a trademark strong versus weak?

Trademark strength exists on a spectrum. Fanciful marks (invented words like "Kodak") and arbitrary marks (real words unrelated to the product, like "Apple" for computers) are strongest and easiest to register and enforce. Suggestive marks (hinting at a quality without directly describing it, like "Netflix" for streaming) are also generally registrable.

Descriptive marks (directly describing the product or service, like "Best Coffee" for a coffee shop) are difficult to register without showing the mark has acquired distinctiveness through extensive use over time. Generic terms (the actual common name for the product, like "Coffee" for a coffee company) can never be trademarked, regardless of use.

If your business is still choosing between entity types and hasn't finalized its name, use the business entity selector in parallel, since your business name registration and trademark are separate but related considerations.

What is a likelihood of confusion analysis?

The core question in trademark conflicts is whether consumers are likely to be confused between 2 marks - not whether the marks are identical. Courts and the USPTO weigh factors including similarity of the marks (sound, appearance, meaning), similarity of the goods or services, similarity of trade channels, and the strength of the earlier mark.

Two similar-sounding names in completely unrelated industries (like a landscaping company and a software company using similar names) may coexist without conflict, while even a moderately different name in the same industry with overlapping customers can create genuine infringement risk. This is why a complete clearance search - not just a basic USPTO database check - is important before committing to a name.

What's the difference between common law rights and federal registration?

Trademark rights in the US arise from actual use in commerce, not registration - meaning you can have enforceable "common law" trademark rights in your geographic market simply by using a mark, even without ever filing an application. However, these common law rights are limited to the specific geographic area where you actually do business.

Federal registration provides nationwide priority (even in areas where you haven't yet expanded), a legal presumption of ownership and validity, the ability to use the ® symbol, and access to federal court and certain enhanced remedies for infringement. For any business planning to grow beyond a single local market, federal registration provides substantially stronger protection than relying on common law rights alone. Our USPTO trademark filing guide and DMCA takedown generator cover related intellectual property protection steps.

Frequently asked questions

USPTO filing fees are relatively modest (typically a few hundred dollars per class of goods/services, depending on the application type selected), but attorney fees for conducting a proper clearance search, preparing the application, and responding to any USPTO office actions typically add up to a more significant total cost. Budget for potential office action responses as well - since more than 30% of applications receive at least 1 refusal or requirement from the examining attorney that must be addressed before registration proceeds, and this often requires additional attorney work beyond the initial filing.

The process typically takes 8 to 14 months or longer from filing to registration, even for straightforward applications without any office actions or oppositions, due to USPTO examination timelines and mandatory publication periods where third parties can oppose the registration. Applications that receive an office action requiring a response, or that face an opposition from a third party, can take significantly longer - sometimes 2 years or more. This timeline is an important consideration if trademark protection is time-sensitive to a product launch or rebrand.

Not necessarily - the USPTO allows "intent to use" applications for marks you plan to use in commerce but haven't yet launched, which can be valuable for securing priority before a product launch. However, actual use in commerce is still required before the registration can be finalized; an intent-to-use application converts to a completed registration only after you file proof of actual use, generally within a specified window after the notice of allowance. This 2-track system lets businesses secure their filing date and priority early while still allowing time to actually bring the product to market.

You can register a logo (design mark), a business name in standard text (word mark), or both separately, and many businesses register both to maximize protection. A word mark protects the name regardless of how it's stylized or displayed, while a design mark specifically protects the visual logo design. If your budget only allows for 1 initial registration, the word mark is often prioritized since it provides broader protection covering the name in any font, color, or style, whereas a design mark's protection is more narrowly tied to the specific visual elements registered.

Registered trademark owners typically start with a cease-and-desist letter demanding the infringing party stop use, which resolves many disputes without litigation, particularly against smaller or unintentional infringers. If informal resolution fails, registered owners can pursue federal litigation seeking injunctive relief (stopping further use) and, in cases of willful infringement, monetary damages including the infringer's profits, actual damages, and in some cases enhanced damages and attorney fees. Federal registration significantly strengthens your position in these disputes compared to relying on common law rights alone, both in terms of available remedies and evidentiary presumptions in your favor.