How Do You Find Out If A Trademark Is Registered

You can avoid legal problem and countless headaches by being proactive to ensure you lot don't infringe on another company's trademark.

Trademarks are valuable words and symbols that businesses apply to identify themselves and their products and services.

Before yous first using any trademarks in your concern, y'all need to know if a like trademark has already been registered to someone else.

If it has, you can avoid a lot of trouble and create a stronger brand by selecting a different trademark.

Sketching logo

Why a Trademark Lookup Is Important

If you start a business using a trademark that some other business has already registered, you won't be able to annals that trademark for your concern. More importantly, you risk existence sued for trademark infringement.

A trademark infringement claim may hateful a lawsuit that will cost tens of thousands of dollars and take months to resolve. Or, to avoid litigation, you may have to change your proper name (and your signs, packaging, labels, and website) and spend additional coin marketing your new identity. Conducting a trademark lookup before you offset your business can help you avoid these expensive and time-consuming problems.

If you programme to employ for trademark registration, a registered trademark search tin can increment the chance that your application will be granted.

I of the principal reasons that applications are denied is a "likelihood of confusion" with an existing trademark.

There's a likelihood of confusion if two marks are like and are used for related goods and services, such that the public might think that both came from the aforementioned source.

A U.Southward. Patent and Trademark Office (USPTO) trademark lookup volition identify similar and confusing marks, giving you a gamble to choose a different mark earlier you spend hundreds of dollars on nonrefundable trademark awarding fees or thousands of dollars branding your business.

How to Practice a Registered Trademark Search

Anyone can search trademarks for free using the USPTO's Trademark Electronic Search System, or TESS. While it's relatively easy to search for directly name matches, trademark searches can grow complicated and yous may want aid to conduct a more thorough search.

The purpose of your search is to unearth marks that are like to yours and used on related appurtenances or services.

Marks can be similar without being identical. For example, names may be similar if they look alike or audio alike. The USPTO uses the example of "T.Markey" and "Tee Marquee" to illustrate like names. When yous check trademark status, look for alternate spellings and word endings, as well as verbal matches.

It is possible to have identical registered trademarks if the goods and services are unrelated, such as Delta faucets and Delta airlines. Related goods and services are similar or usually sold together, such as vesture and shoes, or java and donuts. Therefore, when yous discover a like marker, you lot must too bank check to run into if it has been registered for a related blazon of goods or services.

Conducting a Trademark Check

To search the USPTO's trademark database, go to TESS and cull a search choice. If you are searching for a name, you can use the trademark proper name search. If you are searching a design marker, such every bit a logo, yous will first need to look up your pattern lawmaking using the USPTO's Blueprint Search Code Manual.

A TESS name search allows you to wait for plurals. Still, the search volition not automatically find words that sound similar your trademark merely are spelled differently. This ways that in order to find similar marks, you will need to conduct multiple searches using as many variations on your proper name every bit you can come up with. Yous can search for the exact name, or for any trademark that contains the words in your name.

Each time y'all search trademarks, review the results for marks that are the same as or similar to yours. Make a listing of the similar or identical marks, forth with information about the types of appurtenances or services they are registered for.

Then have note of any of the similar marks that are registered for appurtenances or services that are similar to yours. Consult the USPOs online Adequate Identification of Goods and Services Manual for information virtually how to describe goods or services and the international trademark class they fall into. This tin can assistance you place what types of goods or services are most closely related to yours.

Expanding Your Search and Getting Help

Searching for exact trademark matches is fairly easy, but uncovering spelling and proper noun variations can be much harder. Design searches also can exist challenging.

A professionally conducted search tin can salvage time and tin give yous more consummate results than you might become on your own.

If your search uncovers a similar registered trademark, it can be hard to know for sure whether the similarity would defeat a trademark application or potentially pb to a trademark infringement claim. If you lot are uncertain, consult a trademark lawyer for advice earlier you invest time and coin in trademarking.

And recall that a USPTO trademark search volition but uncover registered trademarks. It won't observe trademarks that have land or common police rights that could impact your ability to use your trademark in a detail locality. A more comprehensive trademark check volition help y'all discover these marks and ensure that you can use and protect your trademarks with confidence.