Knowing what key terms to search for and the process of interpreting the results can be daunting and confusing for those not experienced in making a “likelihood of confusion” analysis. As a trademark attorney, I am here to help advise you on how to conduct and interpret a clearance search for your trademark. From there, we can discuss what avenues of trademark protection make sense for you.
About My Trademark Search & Registration Services
The first step in searching for trademarks is to explore the Trademark Electronic Search System’s (TESS) database of millions of trademarks. When searching for stylized trademarks, you can do this more effectively by utilizing design search codes and classes to focus your search. Your search should be broad enough to find all the possible trademarks that can cause confusion conflict but narrow enough to make sure that you’re not evaluating an infinite number of trademarks. You also need to conduct thorough “common law” internet searching through several search engines. Sometimes businesses with brands similar to yours have been around years, which means they may have certain rights despite their trademark(s) not being registered with the USPTO.
Trademark searches tend to be much more involved if you plan to file in countries outside of the US and typically involve searching the World Intellectual Property Organization (WIPO)’s online database.
After you (and/or I) have conducted the necessary trademark search, the next step is to decide if you want to file for federal trademark registration (which I often advise). Filing for federal trademark registration lists your trademark in the USPTO’s public database of registered and pending trademarks, which is searchable by anyone who wishes to find similar trademarks. Once your mark is registered, your registration also provides you with the following important benefits:
- Prevents others from using confusingly similar marks by making the mark easily findable in trademark availability searches, so that problems can be avoided before they arise.
- Gives the right to sue in federal court and the ability to recover damages and attorney fees, which could mean significant financial compensation could be recovered in certain cases.
- Gives you the legal presumption that you own the trademark and have the right to use it. So, if you end up suing in federal court, your registration certificate gives the presumption of ownership, which greatly eases the evidentiary burden. This also puts the burden on the defendant if it wants to challenge the validity of the trademark.
- In the event of counterfeiting, you will be entitled to certain statutory damages, and you do not have to prove actual damages to receive compensation.
- Allows you to use the ® symbol when you use the mark on the goods and services listed in the registration, boosting your marketing credibility, and signaling your commitment to protecting your rights.
- For foreign trademark filings, you can use your federal trademark registration if your company is expanding into other countries.
- Enables you to record registration with S. Customs and Border Protection(CBP). This gives them the ability to stop the importation of goods with an infringing trademark.
Your trademark registration has no end date as long as you actively use the trademark in commerce and continually submit the necessary maintenance documents and fees with the USPTO. As long as you do these two things, your trademark registration will remain valid with the USPTO. However, if you do not maintain your trademark registration at specified intervals, you will lose your federal registration and will need to restart the application process.
How Can My Trademark Search & Registration Services Benefit You?
An attorney with the necessary legal experience and expertise in trademark law can provide you with crucial legal advice, help you process your trademark clearance search efficiently, prepare your application form, engage in legal correspondence with the USPTO, represent you at the USPTO’s Trademark Trial and Appeal Board, and help protect against fraudulent solicitations.
Why Choose Practus For Trademark Search & Registration Services?
Hiring an experienced trademark attorney is the best way to ensure that your trademark is securely protected and has been properly registered. Our firm has extensive experience in trademark search and registration services, and we will be happy to help you as well. If you have any questions or concerns regarding your particular trademark, please let us know.
Call 206-844-6539 or send an email to learn more about trademark search & registration.
