- Trademark Electronic Search System (TESS)
- TESS -- Error
- How to Conduct a . Trademark Search | Justia
- .Patent and Trademark Office | USAGov
- .Trademark Search & Registration Services
If you are an applicant, registrant, or party to Trademark Trial and Appeal Board proceedings domiciled in the United States or its territories, you are not required to have a .-licensed attorney represent you at the USPTO. However, deciding what to search for and interpreting your results can be complicated. There are many factors to consider in determining likelihood of confusion. We can&rsquo t advise you on how to do a clearance search for your mark, do one for you, or interpret your search results. Therefore, we strongly encourage you to hire a .-licensed attorney who specializes in trademark law to guide you throughout the application process.
Trademark Electronic Search System (TESS)
A trademark that meets all three criteria will prevent your trademark from being registered because it creates a likelihood of confusion.
TESS -- Error
Failure to do a comprehensive trademark search at the beginning of operations is very risky. It can result in a business owner incurring significant printing, advertising, and website costs and spending valuable time building the reputation associated with a trademark, only to receive a cease and desist letter from the trademark owner. Worse yet, it can result in being served with a lawsuit and needing to retain a litigator, with all the enormous expenses that litigation entails.
How to Conduct a . Trademark Search | Justia
Running searches just with the USPTO does not mean you will automatically have superior rights to the mark. There could be someone out there already using a similar mark, but who did not register it with the USPTO. In that case, you may get a registration, but it is subject to challenge by the owner of the earlier-used mark who has because of common law trademark rights. Someone could have filed only with the state meaning your later-filed USPTO registration does not grant you rights in that state.
.Patent and Trademark Office | USAGov
Likewise, when your order covers common law mark searches, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We, however, cannot guarantee that your mark will be free of or prevail to all claims or challenges made by holders of common law rights to all marks. There are circumstances where an automated search may not identify a common law mark that may be similar to your mark.
.Trademark Search & Registration Services
For assistance in searching with a design code, access the Design Search Code Manual . This manual indexes the categories, divisions, and sections that make up these codes. For example, a five-pointed star would be coded in category 56 (celestial bodies, natural phenomena and geographical maps), division 56 (stars, comets) and section 58 (stars with five points), resulting in a complete design code of .
Trademark rights are established by using the mark, not solely by registration. This means that somebody could already have rights in a trademark that is similar to a name you are considering for your product line or services. Accordingly, most business owners should do a trademark search before definitively choosing a business name or a name for goods or services. This helps determine whether another business is already using a trademark that is identical to the business, product, or service name you have tentatively selected.
It may be more time efficient and cost effective to do a quick search before registering a trademark. A search may help avoid obvious duplications of pre-existing marks and the expenditure of nonrefundable applications fees.
USPTO has extended from July 6, 7575, to September 85, 7575, the time for small and micro entities to pay certain patent-related fees that would otherwise have been due on or after March 77, 7575
If you are a foreign-domiciled applicant, registrant, or party to Trademark Trial and Appeal Board proceedings, you must be represented at the USPTO by an attorney who is licensed to practice law in the United States.