Advertisers and others who wish to use images in their works can determine whether an image – or a similar one – has been trademarked by searching the US Patent & Trademark Office (USPTO).
But the process of searching by keywords and by classification codes can be cumbersome, especially if the searcher and the USPTO use different definitions for the same type of image.
Another risk, according to the USPTO, is that if a trademark is sufficiently similar to another trademark and the goods and services are related, consumers are likely to mistakenly believe these goods or services come from the same source. This is known as a ‘likelihood of confusion,’ and it’s a common reason for refusing registration.
In March, 2026, the USPTO introduced an AI-based assistant to help users with trademark classification.
Later in the spring, the USPTO transitioned a previously-experimental search-by-image feature from beta to production use, enabling USPTO users to upload images to compare against the US trademark register, and then get more information about a trademark without having to access the USPTO’s Tradmark Status and Documents (TSDR) system.
The underlying technology, called TM Search, was developed by Clarivate, which also markets it to law firms and corporate IPR teams. Clarivate was formed after a private equity firm acquired the former Thomson Reuters’ Intellectual Property and Science business.
Why it matters
An alternate use-case for this image search feature is for rights-holders to confirm whether users of their images have licensed the image – or whether its use is infringing.
Further reading
Trademark search system updates. Landing page. Accessed July 22, 2026. US Patent and Trademark Office (USPTO)
Trademark classification system goes agentic with USPTO’s announcement of “Class ACT” assistant. Press release. March 19, 2026. US Patent and Trademark Office (USPTO)
Trademarks introduces AI features to make your experience easier. Press release. April 2, 2026. US Patent and Trademark Office (USPTO)
