Trademark Electronic Search System (TESS) Law and Legal Definition

The Trademark Electronic Search System (TESS) provides for on-line searching of existing trademark application and registration information to the public. TESS provides public access to the same text and image database of trademarks that is provided to examining attorneys at the U.S. Patent and Trademark Office (USPTO).

The TESS consists of the following matters :

  • only those trademarks that are federally registered or that are pending before the USPTO.
  • the available information on abandoned applications or canceled or expired registrations.

The TESS database does not consist of the following matters :

  • any information on state, foreign, or common law trademarks.
  • information on applications and registrations that were inactive prior to 1984 are not available on TESS database.

However, it cannot be considered that a mark that is not present in the TESS database is not currently being used as a trademark.