First: TESS No Longer Exists
If you've been sent to "TESS" to search U.S. trademarks, you're working from outdated information. On November 30, 2023, the USPTO permanently retired the Trademark Electronic Search System (TESS) — the tool that had been the front door to trademark searching for over two decades. It was replaced by a new platform simply called Trademark Search, hosted at tmsearch.uspto.gov.
The old TESS interface, with its "Basic Word Mark Search" and intimidating "Structured" and "Free Form" query pages, is gone. Any guide, video, or article still walking you through TESS screens is describing software the USPTO shut off years ago. The good news: the replacement does the same job, and does it better.
What Changed — and What Didn't
The interface changed a lot. The new Trademark Search system is faster, cleaner, and built on modern search technology. It offers a simple search box for quick lookups alongside an expert-mode query builder for complex searches, and results load far more quickly than the old system ever did.
The purpose didn't change at all. You are still searching the same underlying data: every active and dead federal trademark application and registration on record with the USPTO. The reason to search is still the same too — to find existing marks that could conflict with the one you want, so you don't spend $350+ per class filing an application that gets refused, or worse, build a brand you're later forced to abandon.
The one thing to internalize: the tool's name changed; the risk it protects you from did not. A clearance search is still the single cheapest insurance in the entire trademark process, because USPTO filing fees are non-refundable if your mark is refused over a conflict you could have found in advance.
How to Run a Basic Search in the New System
For a first-pass self-search, the workflow is straightforward:
- Go to tmsearch.uspto.gov and start with the basic search box. Type your proposed mark exactly as you'd use it.
- Read the results for conflicts, not just exact matches. An identical hit is an obvious problem, but so is a similar mark in a related field. Note the goods/services and the status (LIVE marks matter most; DEAD marks generally don't block you).
- Search variations. This is where most self-searchers stop too early. Check phonetic equivalents (Kwik vs Quick), common misspellings, singular/plural forms, and spacing variants. Trademark law blocks marks that are confusingly similar, not just identical.
- Consider your class. A conflict usually requires overlap in related goods or services. "Delta" can be an airline and a faucet because no one confuses the two. Use our guide to trademark classes to understand where your mark sits.
What a Free Self-Search Misses
The USPTO database is powerful, but it has hard limits you need to respect:
- It only covers federal marks. A business with a common-law (unregistered) trademark built through actual use, or a mark registered only at the state level, won't appear — yet either can still challenge you.
- It doesn't judge similarity for you. The tool returns records; deciding whether a result is a legal conflict is an act of judgment that examining attorneys and trademark lawyers train for years to make.
- Design and phonetic searching is harder to do well. Logos are coded with design search codes, and sound-alike conflicts require deliberate query strategy. Professionals use paid search tools that layer on top of the USPTO data for exactly this reason.
None of this means a free self-search is pointless — it's genuinely valuable as an early filter. If you type your dream name into the new Trademark Search and find an identical registered mark in your exact industry, you've just saved yourself months and a non-refundable filing fee. What a self-search can't do is give you confidence that a name is clear. That confidence comes only from a professional clearance search that reaches beyond the federal register.
The Bottom Line for 2026
Stop looking for TESS — it's not coming back. Use tmsearch.uspto.gov, run a thorough variation-aware search before you commit to a name, and treat the result as a first screen rather than a final answer. For any mark you intend to build real value on, follow the free search with a proper clearance review. The interface got a modern upgrade; the discipline of searching carefully before you file is exactly as important as it always was.
Frequently Asked Questions
Is TESS still available?
No. The USPTO retired TESS on November 30, 2023. It has been fully replaced by the new Trademark Search system at tmsearch.uspto.gov. Any resource still referencing TESS is out of date.
What replaced TESS?
A new platform called simply "Trademark Search," hosted at tmsearch.uspto.gov. It searches the same underlying federal trademark data but with a faster, more modern interface and both basic and expert search modes.
Is the USPTO trademark search free?
Yes. Searching the federal trademark database at tmsearch.uspto.gov is free. What costs money is a professional clearance search, which layers additional tools and legal judgment on top of the free database.
Does a USPTO search cover state and common-law trademarks?
No. The USPTO database only contains federal applications and registrations. State-registered marks and unregistered common-law marks won't appear, even though either can still create a conflict for your brand.
Can I rely on a free self-search before filing?
As a first screen, yes — it can catch obvious conflicts and save you a non-refundable filing fee. But it doesn't replace a professional clearance search, which checks phonetic, design, translation, and non-federal conflicts a self-search typically misses.