How trademark searches can help identify interested parties in investigations

July 2, 2026

Whether you’re on the defense side or the plaintiff’s side, it is important to identify interested parties early and often in subrogation loss investigations. An often-overlooked tool in this process is a trademark search.

As defined by the U.S. Patent and Trademark Office (USPTO), a trademark is any word, phrase, symbol, design, or combination thereof that identifies and distinguishes the source of goods (trademark) or services (service mark) of one party from those of others. While a trademark owner is not liable per se for product defects, it can occasionally be held liable for damages, and information from the trademark search database can help ensure the proper parties are on notice of losses.

The USPTO website offers a free trademark database search at https://tmsearch.uspto.gov/search/search-information.Users can narrow searches from a general search to one for a specific good or service, an owner, or an identifying number. During preliminary party identification, the wordmark search should be used first because it is the most user-friendly option and searches for marks that contain a specific word. If you are not searching for a specific word and want to expand your search to include the wordmark, owner name, and address, and mark description fields, then select the general search field.

The general search field is also helpful when searching for trademarks composed of symbols and designs. For example, Texas A&M University (my alma mater) has several trademarks, one of which is described as “the ‘Gig ‘Em’ logo consisting of a closed hand with the thumb extended with a star in the background.”

In addition to searches for word marks and symbols, the site is also useful for obtaining a class number. Class numbers are how the USPTO organizes various goods and services. For example, class 009 covers electrical and scientific apparatus, including lithium-ion batteries, while class 14 covers jewelry. Therefore, it is possible to use the same wordmark or symbol for a battery and a diamond necklace, even though they are owned by two completely separate entities.

Once you have identified what you want to search for, you simply type your terms into the search bar like you would any other search engine and review the results. It is helpful to filter results to show both live (active) trademarks and those that have been abandoned or canceled, so you can focus on the most relevant parties. After you have identified the correct trademark, you can click on it to review the ownership information, assignments, transactions, and attorney information.

The ownership transitions section can be particularly helpful if you have a mark that has changed owners. For example, there have been several investigations in which we know when a product was manufactured based on its serial number. We can then review the trademark’s ownership history to determine not only the current owner but also the owner at the time the product was made. From there, we can identify the contact information for past and present owners and contact their trademark attorney directly to help establish communication with the owner. This helps quickly identify the right parties.

The ownership information is not limited to domestic companies. It will also identify foreign trademark owners by name, entity type, address, and county of origin, as well as provide its attorney’s information and its preferred correspondence information. This information can be particularly helpful when identifying foreign manufacturers, since the attorney information is often available here in the US.

Next time you are at a scene exam or trying to identify additional interested parties to investigate, keep your eyes open for trademarks and use the USPTO website to obtain information on potentially responsible parties.

For any further questions, please contact Aaron Conrardy.