Trademark Search
The main purpose of a trademark search is to find out whether
someone else has already trademarked your intended mark previously.
The same trademark won't be registered twice
When you are ready and file the trademark application, the USPTO will
conduct a trademark search of their entire records. But this search is
being done as part of the examination process, not for the benefit of
the applicant. They are looking for a legitimate reason to reject your
application if that is the case. Therefore do a trademark search before
you file your application, and this will save your time and money.
There won't be any refund fees from USPTO after the application is
filed.
Trademark Search Online
Filing a trademark application is easy, yet the online trademark search
is more convenient. You can simply use the Trademark Electronic Search
System (TESS) website to find pending trademark applications,
registered trademarks in the United States. Application in paper forms
is not quickly processed and it will cost 50 dollars or more. You will
also need to keep in mind that there are federal trade mark dilution statutes
to protect someone's trademark from being used by other companies or
people.
Use The Library
You can do a trademark search at any Patent and Trademark Depository
Library (PTDL) in person. PTDLs are located in every state and you can
use their search facilities which is mostly free of charge.
Searching For Graphic Marks
In case your mark includes a visual design element, you will need to
search for it by using a design code. In order to locate the proper
design code(s), consult the Design Search Code Manual.
Conflicting Marks
Ensure to check the current status of any application or registration
for potential conflicts with the TARR system. Even though a mark is not
present in the database, it does not necessarily mean that the mark is
not currently used as a trademark. You will have to do a common law
search to find it.
Common Law Search
The main purpose of a common law search is to find out if a mark is
already being used by others when they have not filed for federal
trademark registration.
Usually a common law search for trademarks involves searching beyond
government records, including but not limited to checking phone
directories, yellow pages, industrial directories, state trademark
registers, the Internet, and more.
In order to establish rights in a trademark, federal registrations are
not required. Common law rights arise from actual use of a mark.
Generally, whoever does first to either use a mark in commerce or file
an intent to use application with the USPTO will have the ultimate
right to use and registration.
If you would like to file an application, there are Free Legal Forms
online for download and you can save onto your local drive as a PDF
format and they are free to use. Most popular Trademark
Forms are available such as Trademark Application, Trademark
Drawing, Assignment of Trademark and Withdrawal of Trade Name. Those
forms are often used for applying trademark and it would be beneficial
to keep the copies of them.