Trademark Search
To avoid conflicts with earlier trademark rights, it is highly recommended to conduct trademark searches before the trademarks office (or "trademarks registry") of a particular jurisdiction—e.g. US Patent and Trademark Office.
It may also be advisable to conduct a broader search as well, including databases that contain names of registered companies and also an Internet search to determine if the desired trademark is either already registered as a domain name or otherwise being used. The reason for this is because trademark offices typically only search issued trademarks and pending applications in order to determine whether a trademark should issue.
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| For business reasons, however, an applicant may want to consider a different trademark even if it could be registered if the domain name is taken or other businesses are using the trademark as an unregistered name or slogan.
In the United States, obtaining a trademark search and relying upon the results is also very important because it can insulate the applicant from any future finding that you willfully infringed the trademark of another.
Essentially, if you obtain a search and in good faith feel the use of a mark would not be infringing it will be virtually impossible for anyone to prove later that you purposefully engaged in infringing activities.
It is advisable to conduct a trademark search of the office records before filing an application.
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It is advisable to conduct a trademark search of the office records before filing an application. A search for pending, registered and dead trademarks may be conducted on the USPTO website using the Trademark Electronic Search System (TESS) or by visiting the Public Search Facility located on the first floor of the Madison East building at 600 Dulany St., Alexandria , VA 22313 between 8:00 a.m. and 8:00 p.m.
Also, certain information may be searched at a Patent and Trademark Depository Library (PTDL). To find your nearest PTDL, go to www.uspto.gov/go/ptdl. If you need assistance in searching for trademarks, you may wish to locate an attorney specializing in trademark law. Local bar associations and the Yellow Pages usually have attorney listing broken down by specialties.
After a trademark application is filed, the USPTO will conduct a search of the records as part of the official examination process. The official search is not done for the applicant but rather to determine whether a mark which has been applied for can be registered.
You can conduct a search online using the Trademark Electronic Search System (TESS) or by visiting the Public Search Facility, located on the first floor of the Madison East building at 600 Dulany St., Alexandria , VA 22313 , is open to the public from 8:00 a.m. to 8 p.m. , Monday through Friday, except Federal holidays. Assignment information is also available at the Patent and Trademark Depository Libraries throughout the United States.
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