How to Perform a Trademark Search
Conduct an informal search., Perform a basic Trademark Electronic Search System (“TESS”) search., Create other TESS search terms.
Step-by-Step Guide
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Step 1: Conduct an informal search.
Trademarks may either be registered or unregistered.
It is always best to register a trademark, but registration is not required in order to have legal rights over a trademark.
In conducting an informal search on the internet, you are looking to see if the mark you wish to use is already in use as an unregistered mark.
It is important to remember that you may be held liable for trademark infringement if you use a mark that another entity has used, even if that entity has not registered the mark.
A thorough search will not only help you better ensure that your trademark is unique and is not in use by any other entity, but also that you will not be sued for trademark infringement.
Use an online search engine such as Google.com to perform a basic search for the trademark you intend to register.
Your goal in this search is simply to see how widely used your mark is, not to determine whether you will be granted trademark protection for the mark.
Look to see if the mark you wish to register is being used as a mark for a product or service identical or similar to the product or service you wish to trademark.
For example, if you wish to use the mark as a brand name for shampoo, look in the search results for the mark being used in connection with shampoo, conditioner, hair spray, hair coloring, etc.
Finding these results does not mean that you will be unable to register your trademark; it will simply give you a starting point to determine whether the mark you have chosen is already in use. -
Step 2: Perform a basic Trademark Electronic Search System (“TESS”) search.
A TESS search allows you to search the USPTO’s vast record of registered trademarks in order to find those marks that may be similar to your mark.
To perform the search, proceed to the USPTO’s website and enter your search query.
For your search query, enter the word, words, or phrase that you intend to use as your trademark. , Your goal in a trademark search is to determine if someone else is using your exact trademark or one that is similar.
The basic search will alert you to an exact match, but to find similar trademarks you need to get creative with your search terms.
Create other search terms by using just a portion of your trademark, changing the order of the words you use, varying the spelling, adding quotation marks to find exact phrases, etc.
For example, if you wish to use the words Spectacular Hair Shine Shampoo, you may search for “hair shine shampoo,” “shine shampoo,” “shiny hair,” “spectacular hair” and so forth in addition to searching for the full name -
Step 3: Create other TESS search terms.
Detailed Guide
Trademarks may either be registered or unregistered.
It is always best to register a trademark, but registration is not required in order to have legal rights over a trademark.
In conducting an informal search on the internet, you are looking to see if the mark you wish to use is already in use as an unregistered mark.
It is important to remember that you may be held liable for trademark infringement if you use a mark that another entity has used, even if that entity has not registered the mark.
A thorough search will not only help you better ensure that your trademark is unique and is not in use by any other entity, but also that you will not be sued for trademark infringement.
Use an online search engine such as Google.com to perform a basic search for the trademark you intend to register.
Your goal in this search is simply to see how widely used your mark is, not to determine whether you will be granted trademark protection for the mark.
Look to see if the mark you wish to register is being used as a mark for a product or service identical or similar to the product or service you wish to trademark.
For example, if you wish to use the mark as a brand name for shampoo, look in the search results for the mark being used in connection with shampoo, conditioner, hair spray, hair coloring, etc.
Finding these results does not mean that you will be unable to register your trademark; it will simply give you a starting point to determine whether the mark you have chosen is already in use.
A TESS search allows you to search the USPTO’s vast record of registered trademarks in order to find those marks that may be similar to your mark.
To perform the search, proceed to the USPTO’s website and enter your search query.
For your search query, enter the word, words, or phrase that you intend to use as your trademark. , Your goal in a trademark search is to determine if someone else is using your exact trademark or one that is similar.
The basic search will alert you to an exact match, but to find similar trademarks you need to get creative with your search terms.
Create other search terms by using just a portion of your trademark, changing the order of the words you use, varying the spelling, adding quotation marks to find exact phrases, etc.
For example, if you wish to use the words Spectacular Hair Shine Shampoo, you may search for “hair shine shampoo,” “shine shampoo,” “shiny hair,” “spectacular hair” and so forth in addition to searching for the full name
About the Author
Brian Diaz
Specializes in breaking down complex lifestyle topics into simple steps.
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