Trademark search in the United States
You only need to perform a simple trademark search in the United States to proactively ensure that you are not infringing on the trademarks of other companies, thus avoiding legal problems and countless headaches.
Trademarks can consist of distinctive symbols or words that companies use to identify themselves and their products or services. Before you start using any trademark for your business, you should know if they have registered a trademark that is similar to the one you want to register.
Why is a Brand search in the United States important?
When you are going to start a business the first thing you should do is to verify the trademark you want to use so that it is not a trademark already registered by another company, since you will not be able to register that trademark for your business and you run the risk of being sued for trademark infringement.
A trademark infringement lawsuit can mean having to pay a high price in thousands of dollars and a problem that can take months to resolve. To get out of this lawsuit, you will most likely be required to change your name, logo, or any matching signs and spend more money to market your new brand.
What is a trademark?
According to the WTO Agreement on Intellectual Property Rights, a trademark can be defined as any symbol or combination of symbols that has the capacity to distinguish the goods or services offered by one company from those of other companies. This ability to distinguish one trademark from another is what constitutes its registered trademark.
These signs, which identify a trademark may include marks, letters, numbers, personal names, graphic elements, color combinations, and any combination thereof, may be eligible for trademark registration.
Where is brand search performed in the United States?
When you want to initiate a trademark search in the United States, you should contact the Patent and Trademark Office, which is an agency of the Department of Commerce that is responsible for granting patents and registering trademarks in the United States.
Performing a trademark search at the United States Patent and Trademark Office (USPTO) can identify similar trademarks that can easily confuse the marketplace. Their URL address is http://www.uspto.gov/ and there you can search their database of USPTO trademarks.
If the trademark you wish to register is already registered or if it is already applied for, you will have the opportunity to choose another trademark before spending hundreds of dollars in trademark application fees and paperwork. The trademark search verifies whether the mark you are filing is:
- Similar to any other trademark
- If currently used on related services or products
If any trademark is found to meet these criteria, the trademark registration will be refused, to avoid subsequent problems with other trademarks. If two trademarks are similar and used for related goods and services, it may cause confusion, so the public may think that both trademarks are from the same source.
The process of trademark registration in the U.S. may vary slightly according to the filing basis chosen, as well as the time it takes to complete the process, although on average the term may vary for simple cases from 12 to 18 months.
How is the trademark search performed at the USPTO?
Anyone can use the USPTO’s electronic trademark search system or TESS to search for trademarks for free. Searching for direct name matches is relatively easy, but searching for trademarks can become complicated and you may have to perform more complex searches.
Trademarks may be similar but not the same. For example, if the name looks or sounds the same, the name may be similar; when checking trademark status, look for alternate endings and spellings and exact matches.
If the goods and services are unrelated, they may have the same trademark; related goods and services are similar or generally sold together, such as books and stationery, milk and candy. Therefore, when you find a similar trademark, you should check whether it has been registered for a related service or product.
Trademark Search and Verification
To make use of the USPTO trademark database and perform a trademark search, go to TESS and select a search option. If you want to find a name, you can use a trademark name search.
To find trademarks by their logo, you must first use the ‘USPTO Design Search Code Manual’ and find the design code. A name search in TESS allows you to search for plurals. You will not automatically find words that sound like your trademark, but words spelled differently.
You will have to perform several searches for similar trademarks, using as many variations of the trademark name as you can. You can search for the exact name or any trademark that contains the words in its name. Each time you search for a trademark, look at the search results for the same or similar trademarks.
List them and get information about the types of goods or services for which they are registered. Then, note any trademarks similar to yours that are registered with goods or services similar to yours.
For information on how to describe the goods or services and the international trademark categories to which they belong, see the online USPO Accepted Goods and Services Identifications Manual.
Expanding the U.S. trademark search and how to obtain assistance
Finding exact matches in a trademark search is easy, but finding variant spellings and names is a task that is often much more difficult. Even more so if we try to perform a trademark search by design, which can also prove to be a challenge.
Professional search saves time and can provide you with more comprehensive results than you could get on your own. If you find similar registered trademarks when conducting a trademark search, it can be difficult to determine whether the similarity invalidates your trademark application or gives rise to trademark infringement claims.
If you are unsure of what the implications, if any, may be, it is best to consult a trademark attorney who can provide you with the advice you need before investing time and money in a trademark.
Keep in mind, when you do a trademark search at the USPTO you will only find trademarks that are already registered. You will not find a trademark with common law or state rights that may affect your ability to use your trademark in a particular location.
Always performing a more thorough trademark verification will help you find those trademarks that because of their similarities and characteristics can waste a lot of time and money. Performing a more thorough verification and hiring an attorney can ensure that you can protect them and use them freely.
Types of forms used in the United States for trademark filings
There are two forms that can be used to register trademarks with the Registry:
- Regular TEAS form, if you want to use a customized description
- TEAS Plus form.
Between your application and trademark approval, you will receive a letter from the USPTO through your retained attorney. If you change your email address, be sure to update your information to receive all notifications. The trademark registration process is difficult and complex.
During the period of validity of your trademark, the USPTO will ask you to complete different types of forms.
What you should know before applying for a trademark in the United States
A trademark registered in the United States gives you protection in its 50 member states, as well as in the U.S. Virgin Islands, Guam, Samoa and Puerto Rico. But you must take into account that any other person can register it in Puerto Rico.
The United States is also a member of the Madrid system, so you can obtain protection in Spain by requesting an extension in any member country of that system through WIPO.
In the U.S., first use jurisdiction applies, which means that a trademark will belong to any person who registers the rights to use the mark for the first time on its soil. Although there are those who do not like this procedure, it is still advisable because it provides a presumption of ownership and allows legal action for trademark infringement.