How do you do a proper trademark search?

What is the best way to conduct a trademark search?

Conduct the Search.

Search on TESS–the USPTO’s web-based Trademark Electronic Search System-at your local Patent and Trademark Resource Center (www.uspto.gov/ptrc) or at home if you have Internet access.

Can you do a trademark search yourself?

National Trademark Searches

However, you can do a basic trademark search on your own, without the need for lawyers. … The USPTO’s Trademark Electronic Search System, known as TESS, is freely available and can show you what marks have been registered in what trademark classes.

How do you search to see if a name is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO’s website. To start, go to the USPTO’s Trademark Electronic Business Center at http://www.uspto.gov/main/trademarks.htm and choose “Search.” Then follow the instructions you see on the screen.

How do you search what trademarks a company has?

To search the USPTO’s trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO’s Design Search Code Manual.

IT IS IMPORTANT:  Can you get in trouble for using TM symbol?

How long does trademark last?

How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a “common law trademark” for free, simply by opening for business. The benefit of relying on common law trademark rights is that it’s free, and you don’t need to do any specific work filling out forms, etc.

Why is a trademark dead?

A dead trademark is a mark that is no longer active on the USPTO register. This can happen because the owner did not respond to a trademark office action, did not renew their mark and pay USPTO maintenance fees or maybe filed a trademark intending on using the mark but never actually used the mark in commerce.

Can I trademark my business name?

Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).

How much does it cost to trademark a name?

Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don’t want protection outside your state.

IT IS IMPORTANT:  Frequent question: Which of the following would have no protection under trademark law?

How do I know if a logo exists?

The Four Steps To Peace: Finding Out If My Logo Is Already Taken

  1. Step #1: Search Your Industry For Similar Logos. …
  2. Step #2: Do a Reverse Image Search of Your New Logo on Google. …
  3. Step #3: Search The US Patent Office For Similar Logos. …
  4. Step #4: Consult an Attorney To See If Your Logo Is Already Taken.

Can two companies have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

What’s the difference between copyright and trademark?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.