Key Takeaways

  • Registered trademarks provide nationwide legal protection for brand names, logos, and symbols once approved by the U.S. Patent and Trademark Office (USPTO).
  • Trademarks and service marks identify and distinguish products and services, while registration gives enhanced rights and legal benefits.
  • A comprehensive trademark search, including federal, state, and common-law databases, helps avoid infringement and rejection of your application.
  • The USPTO’s TESS database is the main search tool for registered trademarks, but interpreting results may require professional help.
  • The registration process involves filing with the USPTO, monitoring for conflicts, and maintaining the mark with timely renewals.

Trademarks and Service Marks

Trademark search registration is important in ensuring your trademark is successfully filed for and granted. Trademarks are characteristics that uniquely identify a brand or product. These characteristics may include markings, words, or even a mechanism or process. The primary core of a trademark is that it clearly represents the brand or product in a unique way in the market.

A service mark is similar to a trademark except that it applies to services. The service mark allows the market to know that a specific service from a certain brand, company, or person, is being represented by the service mark. Service marks are expansive and can include a lot of the branding, imagery, and words that comprise a service's unique image.

Here are some trademark statistics from the USPTO as of 2017:

• Total Active Trademarks Registered: 2.2 million

• New Registrations in 2017: 327,314

• New Applications in 2017: 594,107

Both trademarks and service marks are often called just "marks."

Mark registration has both federal and state components. If the mark is being used in interstate commerce, then you may be interested in registering it with the US Patent and Trademark Office.

Benefits of Registering a Trademark

While anyone can claim trademark rights by using a name or logo in commerce, only registered trademarks offer full legal protection under federal law. Registration with the USPTO grants the owner nationwide ownership and the exclusive right to use the mark on related goods or services. This legal recognition simplifies enforcement against counterfeiters or infringers.

Key benefits of registration include:

  • Nationwide Protection: Rights extend across all U.S. states, not just where the mark is used.
  • Public Notice: The trademark appears in the USPTO database, deterring others from using confusingly similar marks.
  • Legal Presumption of Ownership: Provides proof of validity and ownership in legal disputes.
  • Ability to Use ® Symbol: Only registered trademarks can display the ® symbol, signifying federal protection.
  • Access to Federal Courts: Trademark owners can bring infringement lawsuits in federal court.
  • International Assistance: A U.S. registration can be used to secure protection in foreign jurisdictions under treaties like the Madrid Protocol.

Businesses often choose to register their trademarks early to protect their reputation and prevent others from claiming similar names or designs.

How to Check if a Trademark Is Already Registered?

Because trademarks are clear brand distinguishers, businesses put great value in them, and that is why trademark registration exists. In using or registering your own business' trademarks you will need to be sure you are not infringing on the trademarks of others.

If you are found to be infringing on another person's trademark, not only will you be ordered to stop using that trademark, but you may face damages from a lawsuit by the trademark owner. Trademark lawsuits can be costly and prolonged, as well as unnecessary. By conducting a thorough trademark search beforehand, you may save yourself a lot of headache as well as costs in lost marketing materials and products.

Trademark searches are a cheap and generally easy preventative measure for what can be major and costly problems down the road. By doing a trademark search, you will also gain insight on how to make your trademark unique and thus more likely to be approved by regulatory authorities.

Many trademarks are rejected because while they are unique, they nonetheless are similar in many ways to trademarks that are already registered. The USPTO will determine this similarity to be enough to create confusion in the market among the general public, and thus reject the new trademark.

By conducting a trademark search with the USPTO, you will be able to see what trademarks out there may be similar and thus modify your trademark and application to avoid the USPTO determining your trademark to be too similar to existing trademarks.

Common-Law and State Trademark Searches

Before filing a federal trademark application, it’s essential to check for existing unregistered or state-level trademarks. Many businesses use marks that are protected under common law even if they’re not federally registered. Failing to identify these could expose your business to disputes later.

To conduct a full search:

  1. Search State Databases: Many states maintain their own trademark registries that can be accessed through the Secretary of State’s website.
  2. Review Business Directories: Search business names, domain names, and social media handles for similar brand identities.
  3. Check Common-Law Uses: Use search engines, local business directories, and trade association listings to find unregistered marks in active use.
  4. Hire a Trademark Professional: An attorney or specialized search firm can conduct a comprehensive clearance search that includes phonetic variations, translations, and visual similarities.

This step ensures your proposed mark doesn’t conflict with an existing business, even one that hasn’t formally registered its trademark.

How to Do a Registered Trademark Search?

The USPTO offers a free online trademark search system called TESS. TESS is relatively easy to use on a basic level. However, if you want to conduct an in-depth and complete trademark search, the system can become complex.

The point of doing a trademark search is to find any trademarks out there that may be similar. It is essentially trying to see if there are needles in the haystack. For example, you should not just search for the entire name you might be hoping to trademark but also variations and abbreviations of it.

A trademark may also cause confusion if a product in a different but still connected industry uses similar branding or wording. You should therefore look through several connected industries for trademark similarities.

TESS offers several search options to refine your search. If you are looking for non-word based trademarks, such as logos, the search becomes more complicated. You should then first look through the USPTO's Design Code guide, which will allow you to find classifications for different kinds of designs.

Searching for names on TESS will only return those names with almost near-identical spelling. If you want to look for modifications or abbreviations, you will need to modify your search. Compile a list of any trademarks you believe are similar to the one you are applying for.

Steps to File for a Registered Trademark

Once you’ve confirmed that your desired trademark is unique, the next step is to apply for registration with the USPTO. The application process generally includes:

  1. Prepare Your Application: Identify the mark’s format (word, logo, or sound) and specify the goods or services it covers.
  2. Choose a Filing Basis: Most applications are filed under use in commerce (mark already in use) or intent to use (mark will be used in the future).
  3. File Online Using TEAS: The Trademark Electronic Application System (TEAS) allows you to submit your application and pay the filing fee electronically.
  4. Wait for Examination: A USPTO examining attorney reviews your application for conflicts and compliance.
  5. Respond to Office Actions: If issues arise, such as potential conflicts or technical errors, you must respond within six months.
  6. Publication for Opposition: Your mark will be published in the USPTO’s Official Gazette, allowing third parties 30 days to object.
  7. Registration or Notice of Allowance: If no opposition is filed (or you win an opposition), the USPTO issues a registration certificate or notice of allowance for intent-to-use filings.

Properly maintaining a registered trademark requires filing periodic renewals and proof of continued use to prevent cancellation.

Understanding Trademark Symbols: ™ vs. ®

Trademark symbols communicate your level of legal protection to the public:

  • ™ (Trademark): Used for unregistered marks identifying goods; it signals ownership claims but offers no federal protection.
  • ℠ (Service Mark): Similar to ™ but for services.
  • ® (Registered Trademark): Indicates that the USPTO has officially approved and registered the mark. Misuse of the ® symbol before registration is prohibited and can result in penalties.

Businesses often start with the ™ symbol while their registration application is pending, switching to ® once approved.

Frequently Asked Questions

  1. What is the difference between a trademark and a registered trademark?
    A trademark identifies your brand in commerce, but a registered trademark is officially recognized by the USPTO and provides nationwide protection and exclusive rights.
  2. How long does a registered trademark last?
    A federal trademark registration lasts for 10 years and can be renewed indefinitely if it remains in use and the owner files maintenance documents at the required intervals.
  3. Can I register a trademark myself?
    Yes, but the process can be complex. Many applicants hire a trademark attorney to avoid errors that could lead to rejection or future disputes.
  4. What does it cost to register a trademark?
    USPTO filing fees generally range from $250 to $350 per class of goods or services, depending on the filing option selected.
  5. Can a registered trademark be revoked?
    Yes. A trademark can be canceled for non-use, abandonment, or if it becomes generic over time. Regular use and renewal filings help maintain protection.

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