Comprehensive Guide To Legally Search For Trademark
It is quite a good idea to research before adopting a trademark. There is possibility that the first or two marks choice will be already taken. Therefore, if you are ready to invest a few time doing a research to find a name that is taken by nobody will save you a lot of time and money. If the trademark is already registered and you can find it within a few minutes, then it does not make sense to pay anyone to apply for trademark registration.
Many companies count on law firms and attorney to conduct in-depth trademark searches in several e-databases. Depending on the kind of mark and its complexity, this search may cost thousands of dollars. However, you can conduct some basic brand research yourself without consulting a lawyer. In most cases, this search is enough to find the information you need.
Conducting a Trademark Check
To get started with the research, check the trademarks registered with the U.S. Patent and Trademark Office, the federal agency is in duty to preserve the national register of trademarks. The TEES is freely accessible and can display you what trademarks have been taken in what classes.
Although trademark verification is essential, the first step is to conduct online research. For example, use a search engine and try to find a company with a name similar to the name you are thinking for your company. If someone else is already using the name that you think for your company, you should seriously consider choosing another brand. Also, try to find companies or products that are similar to the brand you are looking for. For example, find your brand in the plural, rearrange the words in a different order, etc. If there is a brand that is similar but not identical, you can be sure that the product is completely different from your product. No one will confuse their possibilities. But be careful. If a trademark that could be confused with your mark, please think carefully before investing in product marketing or branding.
After conducting comprehensive trademark search and ensuring that no one is using your brand, it is time to look for existing brands and brand applications. Go to USPTO Electronic Brand Search (TESS) and click on “Basic Search on New User Form”. When searching for TESS, follow the same rules as previous searches on the Internet – make sure the trademark is fully registered and look for variations of the trademark. Please be careful and try to search in other ways. Since the goal is not to find anything – you cannot do enough research to ensure that your trademark is unique.
Margins of Trademark Searches
When searching for marks, remember that trademark searches will never be complete or perfect. Trademark searches are based on databases that may not always be complete. Individuals can own trademark rights by completing trademark applications for their intended use. In addition, the database will not be updated every time the rights of a new trademark are determined. The creation of a trademark through common rights does not require registration.
Evaluating the Search Results
Although you can find thousands of similar brands all over the country through numerous searches, you need to know how to measure the results and the brands you really can’t use. For example, if another company uses the same or similar name to promote different products and services, you must then consider another name to stand out. However, when another company uses the same or similar name to sell alike services in another part of the country, this situation is less obvious.
Remember, the cost and time you invest on your brand should be proportional to the scope and size of your business. Multinational companies that want to sell consumer products must be very cautious. A small family business hopes to create a new kind of clothing for local sales without spending money on brand research.
Intensifying Your Search and Getting Assistance
Finding an exact match for a brand is easy, but finding spelling and name variations is much more difficult. Research design can also be difficult. Professional research can save time and provide more comprehensive results than you can achieve by yourself.
If the search finds similar trademarks, it may be difficult to accurately determine whether the similarity will result in the cancellation of the trademark application or the claim for trademark infringement. If in doubt, consult a trademark attorney before investing time and money in a trademark.
Remember, the USPTO trademark search will only find trademarks. You will not find a state or common law trademark that might affect your ability to use the trademark in a particular location. A more detailed trademark overview will help you find these trademarks and ensure that they can be used and protected safely. If you choose to cooperate with a lawyer during the trademark investigation, you will also receive legal advice on whether the proposed trademark is legal.