Screening Tool
Screening is the cheap check you run after naming and before searching. The tool compares your candidate mark against built-in reference data such as common United States surnames, geographic names, and ordinary dictionary words, then reports which statutory refusal grounds are likely to come up during examination.
How to use the screening tool
- Type the candidate mark as plain text, with no punctuation and no design description.
- Read each risk flag and the explanation, since the same word can trigger a flag for one industry and be perfectly strong for another.
- Treat flagged words as a prompt to rename or to plan a defense, not as an automatic rejection.
- Take whatever survives into USPTO Trademark Search for the clearance search that this tool cannot perform.
The three risk flags and what they mean
| Flag | Statute | What it means for your application |
|---|---|---|
| Descriptiveness risk | Section 2(e)(1) | The word describes the goods, an ingredient, a quality, or a purpose. Expect a refusal unless you show acquired distinctiveness or accept the Supplemental Register. |
| Geographic risk | Section 2(e)(2) | The word is primarily geographically descriptive, meaning buyers would think the goods come from that place and the goods actually do. Also watch for geographically deceptive terms that point somewhere else. |
| Surname risk | Section 2(e)(4) | The word is primarily merely a surname. The USPTO looks at how common the surname is, whether it has other meanings, and whether the market reads it as a name. |
A surname flag is usually the mildest of the three. Personal names are commonly registered once the USPTO sees them functioning as a brand, and a surname combined with other wording often passes without argument.
What the reference data is and is not
- Built-in data covers common U.S. surnames, place names, and ordinary descriptive or dictionary words.
- It does not include the USPTO register, so it cannot find a confusingly similar registered mark.
- It does not include state registrations, common law use, business names, domains, or app store listings.
- It is updated on this site's schedule, which means very new slang or a newly famous place name may be missing.
A clean screening result says nothing about whether your mark is already taken. You still have to search USPTO Trademark Search yourself, because a likelihood of confusion refusal is the most common way applications fail and it costs you the $350 per class base fee.
What to do with each flag
- Descriptive flag: consider a coined alternative, or plan for a Supplemental Register filing while you build acquired distinctiveness.
- Geographic flag: check whether the goods really originate from that place. If they do not, the refusal may be one you cannot cure at all.
- Surname flag: usually survivable. Keep evidence that buyers see the term as a brand rather than a person.
- Multiple flags at once: treat the name as weak and go back to the name generator.
Whatever the flags say, remember this tool reports risk, not outcome. Examining attorneys weigh the mark against your specific goods and services, and the same word can be refused for coffee and registered for software.
Frequently asked questions
Does a clean screening result mean my mark is available?
No. It means the tool found no obvious descriptiveness, geographic, or surname problem in the word itself. Availability depends on what is already on the register, which you check in USPTO Trademark Search.
My surname flag came up but the name is also a real word. Is that fatal?
Usually not. When a term has an ordinary meaning besides being a surname, the USPTO weighs whether buyers would read it as a name. Adding distinctive wording alongside it also helps.
What is the difference between geographically descriptive and geographically deceptive?
Geographically descriptive means the place is real and the goods come from there, which can be cured with acquired distinctiveness. Geographically deceptive means buyers would believe the goods come from a place they do not, and that refusal generally cannot be cured.
Should I still hire a lawyer if screening comes back clean?
Screening only covers a narrow slice of the law. A trademark attorney runs a full clearance search, interprets the results, and handles the office actions that follow, which is where most unrepresented filers lose their applications.
More in Trademark Registration
Distinctiveness Assessment
See where your mark sits on the distinctiveness spectrum and what it means.
Trademark Name Generator
Brainstorm candidate names and see which ones are risky before you search.
Classes & Goods/Services Search
Match your goods or services to Nice classes before you pay the class fees.
How to Apply
The full path from clearance search to registration certificate, step by step.