Understanding the rules of the game is key to winning in any field, especially when working with creative products and brands. Having a great new idea or design rejected for trademark infringement is stressful and frustrating. That’s why mastering how to check trademarks accurately and reliably is essential to avoid unnecessary risk.
1. Trademark Strength Levels
Under US Patent and Trademark Office (USPTO) rules, trademarks are classified by strength:
- Strong marks: Fanciful and Arbitrary marks — distinctive trademarks not easily confused with ordinary words, like the famous brand names “Marvel,” “Disney,” “GUCCI.” There are also Suggestive marks, which hint at a characteristic or relate to the product’s category, such as “GLANCE-A-DAY” for a calendar or “CLEAR MEN” for shampoo.
- Weaker marks: Descriptive marks clearly describe the product’s characteristics, and the weakest are Generic marks — common everyday words, like “CREAMY,” “MILK.”
The more distinctive and hard-to-duplicate a mark is, the higher the level of protection it deserves, while common words have much less chance of exclusive protection.
You can learn more about these levels through official USPTO documentation to understand how to choose an appropriate brand name.
2. Popular Tools for Checking Trademarks
There are many tools that help search trademarks effectively:
- Free, comprehensive: USPTO (https://tmsearch.uspto.gov/) with official, quickly updated data.
- Other supporting sites: Trademarkia, Justia, TMHunt.
- Free tools: Some sites like Productor also have a trademark-checking feature.
- Reputable paid tools: Merchintel, Merch Informer, Spyamz, etc. for faster, more detailed checks.
Of these, USPTO is considered the most accurate and reliable data source, with a wide range of search functions.
3. Notes When Searching on USPTO
USPTO classifies trademarks into 2 main types:
- Word Marks: Independent of font, size, or color; as long as that word appears in a design, title, or description it can be considered infringing, unless it’s a common word like “Dog,” “Cat,” “Mom.”
- Logo Marks: Protect only the specific logo image, with or without accompanying text. A design must look identical or nearly identical to the logo to infringe.
In addition, USPTO organizes trademarks into various classes, each with its own class code. E-commerce sellers, especially on Merch By Amazon, usually pay attention to classes like Clothing (025), PopSockets/Phone Case (009), Tote bags (018), and Pillows (020).
Some common abbreviations you’ll see in the details include:
- IC = International Class
- LD = Live/Dead (whether the registration is currently active)
- BI = Basic Index
- FM = Full Mark
- GS = Goods and Services
- MD = Mark Drawing Code
4. Steps to Check a Trademark on USPTO
Step 1: Go to the official USPTO website at http://tmsearch.uspto.gov/
This site offers three search options:
- Basic Word Mark Search: Search for a basic word, suited to slogans or word-based trademarks.
- Word and/or Design Mark Search (Structured): A combined word-and-design search following a specific structure.
- Word and/or Design Mark Search (Free Form): A custom search with flexible query syntax.
Step 2: Enter keywords or a query into the search box, following these examples to check by product class:
- Clothing (025): (live)[LD] AND “keywords”[BI] AND 025[IC] AND (4[MD] OR 1[MD])
- PopSockets/Phone Case (009): (live)[LD] AND “keywords”[BI] AND 009[IC] AND (4[MD] OR 1[MD])
- Tote bags (018): (live)[LD] AND “keywords”[BI] AND 018[IC] AND (4[MD] OR 1[MD])
- Pillows (020): (live)[LD] AND “keywords”[BI] AND 020[IC] AND (4[MD] OR 1[MD])
- Combined Clothing & PopSockets (025 & 009): (live)[LD] AND “keywords”[BI] AND (025[IC] OR 009[IC]) AND (4[MD] OR 1[MD])
Step 3: Filter the search results, focusing on trademarks that are currently Live. If a mark has a registration number (Reg. Number), it has been successfully registered and is very likely to be considered infringing. If there’s no registration number, it’s still pending review.
Step 4: Look at each result’s details via the registration number or TSDR to determine the Mark Drawing Code type and the scope of protection:
- (1) TYPED DRAWING or (4) STANDARD CHARACTER MARK: this is a WORD MARK.
- (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS or (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM: this is a LOGO MARK (a logo with text).
Step 5: Check the Goods and Services section to see the related products or services. If you see words like Clothing or shirts, avoid using something similar to stay safe on intellectual property.
5. Guide to Checking Trademarks with the Merchintel Tool
Merchintel provides a fast, easy-to-understand tool for checking trademarks, convenient for beginners or designers selling on Merch By Amazon.
Method 1: Checking Trademarks on Trending Product Designs
- Step 1: Choose the shirt design you want to check on the platform.
- Step 2: Check the “Trademark Check” box at the top to display identifying colors: Red means a strong trademark, avoid using; Yellow means a weaker trademark, may be usable.
- Step 3: Click on each underlined keyword for more detailed checking, including viewing the registration number.
- Step 4: Filter results similarly to using USPTO.
Method 2: Checking a Trademark for Your Own Idea
- Step 1: On the left toolbar, select the Trademark section.
- Step 2: Enter a keyword describing your idea or brand.
- Step 3: Run the check and view the registration number details.
Note: if you’ve checked carefully but still get rejected for infringement, it may be due to a Copyright conflict — related to song lyrics, character names, symbols, etc. that don’t fall under Trademark protection — and needs further consideration.
