Is a USPTO Search Good Enough?

A USPTO search is a good first step, but it doesn’t guarantee brand protection. The federal database only covers federally filed trademarks, leaving out state registers, the Trademark Official Gazette (with recently approved marks), and common law rights from simply using a name in commerce. That means small businesses, Etsy shops, YouTube channels, or local restaurants may have enforceable rights even if they don’t appear in the USPTO system. To avoid conflicts and build a strong brand, a clearance search should cover federal, state, and online sources—like Google, domains, and social media—and be followed by an IP attorney’s review.

Just a heads-up: We are not attorneys and this isn't legal advice - just helpful info. For specific trademark questions, always consult with a qualified IP attorney.

Chapters

• 0:08 Introduction: Is a USPTO Search Enough?
• 1:05 State Trademarks: Why Local Matters
• 1:40 Trademark Official Gazette: The “Coming Soon” List
• 2:05 Common Law & Online Presence: Hidden Conflicts
• 2:50 Conclusion: Beyond the USPTO Search

Transcript

Ashley Elliott (00:08):

Well, hello and welcome back to naming in the AI Age. This week we're diving into a question that we really talk about all the time. Is a USPTO search enough for a name? The short answer is no, it's not enough. The USPTO database is a very important tool. It's where you can see federally filed and registered trademarks, but there's a catch that's only part of the picture. And if you rely on it alone, you could walk right into a trademark conflict. Hey, you stole my business's name. Now, disclaimer, we're not trademark attorneys, nor are we giving legal advice, and we always recommend using an IP attorney for full betting and registration. Let's break it down first. The USPTO doesn't cover state trademark registers. Every state has its own system. Plenty of small businesses only file at the state level. In fact, fun fact, you can only file for a federal trademark if you can show proof of interstate commerce.

(01:05):

So if you're only selling within your state, it makes sense to only do a state registration and those don't show up on a USPTO website. Second, there's trademark Official Gazette or TMOG, fun lovingly called Gazette. This is like US PTOs coming soon. List marks that have just been approved, show up there before they're officially registered. And if you skip checking this, you could potentially miss something that might block you. Third, and this is the big one that we should really think about is the internet. Not every brand out there registers a trademark. And in the US common law rights can come just from someone using a name in commerce. That means if someone's running an Etsy shop, a YouTube channel, or even a local restaurant, they may have legal rights to their name, even if it's nowhere in the federal database. So a simple Google search, a domain check, social media handle check, can reveal conflicts that you would never catch in a USPTO database. So to answer the question, is a USPTO search enough? Definitely not think of it as a first step, but not the finish line. A true clearance search really means checking federal, state, and online sources. Protecting your brand is not just about filing. It's also about making sure that you're not stepping on someone else's rights and that your name is strong enough to stand on its own. Thanks for tuning in, and until next time, this is naming in the AI age.