How can I check if a Trademark is already Registered?
Introduction
Trademarks are an important part of your business, and you want to make sure that you’re using them correctly. If someone else has already claimed the trademark for a similar good or service, then your claim will be denied. This can be frustrating, but there are ways to avoid this fate. Here’s how:
The simplest way is to search the federal trademark database.
The simplest way is to search the federal trademark database, which is located on the United States Patent and Trademark Office (USPTO) website. You can do this yourself by going to uspto.gov/trademarks/index.jsp and clicking on the Search button in the upper-right-hand corner of your screen.
There are three options for searching: by entering a word or phrase into a field labeled “Search,” typing in an image, or submitting a complete name of a company or product that you think might already be registered under another mark (if any). Each option will bring up results from their respective databases of records and images that illustrate what has been filed before along with some other information about each record such as its status (whether it’s active), date when it was first used commercially, and who owns it now if applicable among many other details about how long each mark has existed since being granted protection through registration as well as whether there have been any disputes over its use since then with whom – again based on publicly available records maintained by USPTO themselves in conjunction with private firms hired specifically for this purpose who specialize in keeping tabs on all trademarks registered worldwide at any given time.
Start by choosing the right search options.
First, you should choose your search options carefully. This will help avoid incorrect results and save time.
Search options are the different types of searches you can perform on the USPTO database. The most common search option is by keyword or phrase; other options include goods and services, trademark classes, and international classifications (the two last ones require a separate fee). You can also combine multiple search types in one query by separating them with commas. For example “sunset”, “beach” AND “hotel”.
Do a word-mark search.
The simplest way to check if a trademark is already in use is by searching for it on the United States Patent and Trademark Office (USPTO) website. This can be done through their online system, or you can order a paper copy of the trademarks that are registered in your state.
If you want to do a word-mark search, there are two ways that this can be done. The first way is by going directly onto the USPTO website and typing in your word mark as well as some other keywords such as “trademark” or “registered”. If there are any results that look like they could possibly match what you’re looking for, then click on them to view their details!
Add other criteria to your text-based search.
You can also add other criteria to your text-based search. For example, if you know the class number of your goods or services, use that as a search term. If you have related ID numbers or serial numbers for your goods and services (such as model numbers), enter them into the system to narrow down the results. You can also search for owners by name or address, phone number, email address, and more.
Searching by classification code.
- Use the USPTO’s search tool to search by classification code. You can find a list of registered trademarks on the USPTO website, and you may also be able to find pending applications by searching through the trademark database. If you have already started the process of filing your own trademark, or are just curious, you can use this same resource to confirm whether your mark will be unique in its classifications.
- Search results will include both active and inactive trademarks: This means that even if a mark is not currently being used or has been abandoned by its owner, it remains on record at least until its expiration date (ten years after registration). Keep in mind that this does not guarantee that others won’t try using it once again after their own registration expires—it’s best practice for businesses with similar names or products to monitor each other closely during these periods.
Searching by related ID numbers or serial numbers.
It is often possible to find trademark information that is not yet registered. One way to do this is by searching by related ID numbers or serial numbers. The USPTO database has a search option for this, and it can also be done on other databases such as the International Trademark System (ITS) and the World Intellectual Property Organization’s (WIPO) International Bureau.
Other online search tools.
- Other online search tools. The USPTO database is a good place to start your research, but it isn’t the only game in town. You can also check with the Trademark Electronic Search System (TESS), a free service that covers much of the same information as the USPTO database. TESS provides an easy-to-use search engine, too—just type in what you’re looking for and hit “search.” For example, if you want to see if there are any trademarks already registered for your business name or slogan, type those terms into TESS’s search field and click “search.” You’ll get instant results from both databases (those held by TESS and those held by the USPTO).
Getting professional assistance.
If you think your trademark is unique and should not be used by anyone else, then it might be a good idea to check whether someone else has already registered that trademark. If so, then there will be no point in filing an application with the USPTO.
However, if you want to know if your brand name or logo is available as a trademark before investing money in doing the research yourself, hiring a lawyer or trademark agent could be useful. They can conduct extensive searches on the USPTO’s website and determine whether another person has claimed ownership over those particular words or symbols.
If they find out that someone else has already filed an application for the same word or symbol but hasn’t yet been approved by the USPTO (or if there are any objections pending), this will give you an idea of how long it might take for that person’s registration to become official (if at all). In addition, these professionals can also help guide you through every step of applying for and registering a new mark with the U.S. Patent & Trademark Office (USPTO).
To figure out whether a trademark you want to use is already in use you should conduct thorough searches of all applicable databases
One of the most important steps in trademarking is to conduct thorough searches of all applicable databases. This can be done by searching:
- The U.S. Patent and Trademark Office (USPTO) database
- The trademark databases of other countries
- State trademark databases
You should also search the internet for signs of use, as well as check with online search engines like Google, Yahoo!, Bing, and Ask.com to see if anyone has registered a similar or identical name in your industry before you do so yourself.
Conclusion
The process of trademarking is a long and winding road, but it can be extremely rewarding if you do things correctly from the start. It’s important that you know what kind of mark you want to use (word, design, or slogan), how your customers will perceive it, and where to file for protection in each jurisdiction.
