Trademark Search Options

It is widely known that the distinct name, symbol, or image that identifies products or services as originating from a unique person or business is an important matter. Trademarks have long been used to identify individual brands, products, and services, and if other people or businesses try to use the same ones, the repercussions could be enormous. Attaining registration from the U.S. Trademark and Patent Office, or USPTO, protects your brand from being violated, and also prevents others from assuming you´ve taken their ideas. The first step in this process is the trademark search.

You can perform a search on your own. The USPTO website offers access to the TESS, or the Trademark Electronic Search System. This step is very important because you need to know whether there are any registered names or symbols, which can be similar to your own, that you want to register. The site offers various tips on searching the database, which provide an understanding of just what the system is and how it works.

Since it does state in the guidelines that TESS may not include all marks, and trademarks may also be legally protected outside of the USPTO, it is recommended that you do a search of state registrations and common law marks. There is no definite guidance on how to search the database. The USPTO even admits this fact. On the results page, any similar names or symbols will be displayed, and a close study of the listed goods and services should be done to determine how related these may be to your own product.

Once you have access the main TESS page, there are several search forms available. The most basic form for new users includes a few windows and a query search based on search terms. A more structured Boolean search can be performed as well, while an advanced search form allows you to enter a search term and select field codes. Regardless of the type of search, a large list is likely to appear with serial numbers, registration numbers, and a wide variety of similar names, which link to individual pages with comprehensive descriptions. It becomes quickly apparent that it could take some time to sort through the results and interpret them correctly.

Using an outside service to perform a trademark search is an even better alternative, since it may involve knowledgeable attorneys that are familiar with the process. For a fee, such as service could perform a clearance search of federal, state, common law, and Internet databases and provide a report on the results. There are several legal establishments that provide such services, which often prove useful for individuals and small business that are unfamiliar with the process.

You could also perform a search in person. The USPTO Public Search Facility in Virginia allows free access to the public. There are also various Patent and Trademark Depository Library locations, which the USPTO site has a listing of for each state.

However you conduct your search, it is important to make sure your mark is unique before going through the filing process. If it is deemed to similar, the registration will be rejected and the valuable time spent on the process lost. Whether you search online, in person, or use a legal service, it needs to be done carefully. Violating anybody else´s trademark rights could be detrimental to your business. It could ruin your reputation, end any chances of succeeding, but most of all, could lead to costly lawsuits from other companies claiming trademark infringement. If your product/service name or symbol is unique, then you stand a chance of using it without other companies claiming infringement and your trademark being infringed upon in the future.