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Our search's scope and limits

Scope of this search

A knockout search does not cover common-law rights, state registrations, or design-mark similarity, and is not a §2(d) DuPont analysis. This is not legal advice and does not create an attorney-client relationship.

What it does check

  • The federal USPTO trademark register — active and pending applications and registrations.
  • The Nice class(es) you select, plus classes USPTO's own data shows are commonly related to them.
  • Textual similarity, and phonetic similarity using the same category of algorithm USPTO's own examiners use to flag "sounds-alike" marks.
  • For a logo search specifically: USPTO's own Design Search Code system, matched against your uploaded image.

What it doesn't check

  • Common-law rights — marks in real use that were never federally registered. These can still block your application or give someone else grounds to oppose it.
  • State trademark registrations — each state runs its own, separate register; this search doesn't touch them.
  • A full §2(d) likelihood-of-confusion analysis — the multi-factor legal test (the DuPont factors) an examining attorney or a court actually applies. This search surfaces mechanical similarity signals for you to weigh; it doesn't weigh them for you.
  • Design-mark similarity in a word-mark search, and vice versa — search by whichever type actually matches what you're protecting, and consider running both if your mark has real elements of each.

What that means for you

A clean result narrows real risk — it doesn't eliminate it, and it isn't a promise your application will register. Treat this the way you'd treat any preliminary search: a genuinely useful first step, not the final word.

Sources

Citations verified 2026-09-05. USPTO occasionally renumbers TMEP sections — if a link above doesn't land where expected, the citation text itself remains the accurate reference to search for directly.

Our search's scope and limits — Markwell