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.
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.