United States Patent and Trademark Office - An Agency of the Department of Commerce, Using the Trademark Electronic Search System, Get ready to search - classification and design search codes, Madrid Protocol & international protection, Checking application status & viewing documents, Checking registration status & viewing documents, Enforcing your trademark rights/trademark litigation, International intergovernmental organizations, Transferring ownership / Assignments help, Trademark Electronic Search System, or TESS, Trademark Information Network (TMIN) series, Used on related products or for related services, and. File a patent application online with EFS-web, Try the beta replacement for EFS-Web, Private PAIR and Public PAIR, Check patent application status with public PAIR and private PAIR, Pay maintenance fees and learn more about filing fees and other payments, Resolve disputes regarding patents with PTAB. Find out how to protect intellectual property in other countries. Our consultant will respond to your request within a business day. Private trademark search firms will conduct searches for a fee. Common law rights ordinarily are limited to the geographic area where the mark is used as opposed to the nationwide protection customarily obtained when a mark is registered with the USPTO. We can’t advise you on how to do a clearance search for your mark, do one for you, or interpret your search results. Running searches just with the USPTO does not mean you will automatically have superior rights to the mark. The Internet has opened up both national and international borders in ways our predecessors could have hardly imagined. There are many factors to consider in determining likelihood of confusion. There may be trademarks that are not in our database that have rights over yours. Note: Word searching is very precise. Search firms are often listed in the yellow page section of telephone directories under the heading "Trademark Search Services" or "Patent and Trademark Search Services.". What is a common law trademark and why bother to register a mark? However, deciding what to search for and interpreting your results can be complicated. Our Trademark Engine Global Search reviews the USPTO database, the databases of all 50 states, a business registry, the database of domain names, the World Intellectual Property Organization (“WIPO”) database, the Canadian Federal Trademark database, the European Community database, the France Federal database and the German federal database. Assignment records can also be searched in the Public Search Facility. A design code search is also conducted using TESS. This is based on a search of previously filed or registered trademarks and an analysis of the trademark according to the jurisdiction’s criteria for approving trademark … There are also favorable remedies available to registered trademark owners in the event of litigation. Our Trademark Engine Federal Trademark Search reviews the USPTO data base and is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design. So, unless registered, the use of a mark can be geographically limited, which hampers the ability to expand the brand. Our attorney will analyze the results in order to provide you with the probability of successful registration. In today's world of global commerce, competition is no longer limited to your backyard. We, however, cannot guarantee that your mark will make it through and be approved even if you use our search services. B1 Business Centre, Suite 206, Blackburn, Lancashire, England, UK, BB1 2QY, 85 Great Portland Street, First Floor, London, England, UK, W1W 7LT, PO BOX 775, Cherrybrook, NSW, 2126, Australia, 10 Anson Road #16-12 International Plaza, Singapore, 079903, Registrability report: if your trademark meets minimum requirements. Thousands have protected their brand by filing a trademark. Therefore, we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process. Specific Treaties Are Important for International Trademarks. Includes everything from the Federal, State and Common Law Search, but also searches international databases including Canada, the U.K., the E.U. There could be someone out there already using a similar mark, but who did not register it with the USPTO. An Australian trade mark provides protection only within Australia. Running searches with the USPTO does not guarantee superior rights to a particular mark. The registration certificate may also be used to determine terms not claimed by an owner. The free search only finds exact matches with the USPTO – Do you need more? Searching for conflicting marks before you apply is called a “clearance search.”. We offer 100% money back guarantee, if the studied trademark gets an objection due to a mark not mentioned in our study. In 1957, The World Intellectual Property (WIPO) set up the Nice Classification (NCL).This system groups goods and services together using a single classification scheme. The service's International trademark search offerings are second to none, giving businesses the ability to quickly find specific brand names and slogans listed among the millions in dozens of different countries. A European Union Trade Mark (EUTM) (formerly Community Trade Mark) registration protects a trademark in all the member states of the European Union (EU). If you are an applicant, registrant, or party to Trademark Trial and Appeal Board proceedings domiciled in the United States or its territories, you are not required to have a U.S.-licensed attorney represent you at the USPTO. A search may help avoid obvious duplications of pre-existing marks and the expenditure of nonrefundable applications fees. File a trademark application and other documents online through TEAS. See the why hire a private trademark attorney webpage to learn more about what an attorney can do for you and how to find one. Search for your name, slogan or logo with the USPTO and all 50 States and receive a full detailed report based on similar trademarks across multiple classes and sub-classes. That is why you may order our Trademark Study to be sure that you will not waste your money applying for an unregistrable trademark. Can you describe the problem? It is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design. Also, these libraries have CD-ROMs containing the database of registered and pending marks; however, the CD-ROMs do not contain images of the design marks. Trademarks can be unregistrable for numerous reasons: the reasons are different in each country. Finally, once a trademark is accepted by the USPTO, it will be maintained in the USPTO database, which can discourage others from using the mark in the future. For example, a five-pointed star would be coded in category 01 (celestial bodies, natural phenomena and geographical maps), division 01 (stars, comets) and section 03 (stars with five points), resulting in a complete design code of 01.01.03. The USPTO assigns all marks containing design figurative elements a 6-digit numerical code(s) for searching purposes. International Trademark Search A trademark search is a report on the chances a trademark has of successfully registering. We will carefully examine your application to see if your prospective trademark meets the requirements for federal registration. Words of a trade mark. Depending on what trademark material you are looking for, there are a number of different areas to perform a Search: If your mark includes a design element, you must search using a design code. Our Trademark Engine Federal, State & Common Law Search reviews the USPTO database, the databases of all 50 states, a business registry and the database of domain names. Before filing an international application, you should search to find out if identical or similar marks already exist in your target markets. Newer companies may more easily make name changes while they are getting off the ground than years later and after substantial investment in a brand and associated goodwill. Am I guaranteed to get clearance on my trademark if I run a search and it comes up relatively clean? does not provide legal advice or participate in any legal representation. Someone could have filed only with the state meaning your later-filed USPTO registration does not grant you rights in that state. Our Trademark Engine Federal Trademark Search reviews the USPTO data base and is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design. Click here to see a sample of the comprehensive federal, state and common law search reports. Our specialists will verify the probabilities of registration of your trademark. Although this includes doing our own database search, there are many considerations. You may conduct a free online search of the USPTO database at the Public Search Facility (Madison East, 1st Floor; 600 Dulany Street, Alexandria, Virginia) between 8:00 a.m. and 8:00 p.m. USPTO personnel may not conduct trademark searches for the public. To search for words in trade marks, type the relevant words into the search box. In that case, a registration could be subject to challenge by the owner of the earlier-used mark based on of common law trademark rights. It is limited to direct matches, phonetically similar, similar in terms of translation, or appearance by way of design. If you are a foreign-domiciled applicant, registrant, or party to Trademark Trial and Appeal Board proceedings, you must be represented at the USPTO by an attorney who is licensed to practice law in the United States. For more information about conducting a clearance search, please watch the news broadcast-style video titled “Searching” (video #3 in the Trademark Information Network (TMIN) series). Please also read WHAT YOU MUST KNOW BEFORE USING THIS WEBSITE. Future companies should be on notice that the mark is already spoken for, which should in turn help avoid at least some disputes. Likewise, when your order covers common law mark searches, we use commercially reasonable methods to identify marks that may be matches to the ones you seek to use. We use proprietary commercially reasonable methods to identify marks that may be matches to the ones you seek to use. The USPTO cannot aid in the selection of a search firm or an attorney. Private trademark search firms will conduct searches for a fee. Find upcoming programs related to IP policy and international affairs. Searches conducted by Bonamark.com are fast, comprehensive, and compliant with national procedures. Searching is only one part of a thorough clearance search. Since the agreement covers trademarks … Search recorded assignment and record ownership changes. For assistance in searching with a design code, access the Design Search Code Manual . Conducting a trademark clearance search has never been more important. The USPTO cannot aid in the selection of a search firm or an attorney. Use Assignments on the Web (AOTW) to search the database of all recorded Trademark Assignment information from 1955 to the present (Trademark Assignments recorded prior to 1955 are maintained at the National Archives and Records Administration). Learn More About Comprehensive Trademark Searches. The Trademark Electronic Search System (TESS) is available in all PTRCs. It may be more time efficient and cost effective to do a quick search before registering a trademark. Our Report will show similar trademarks, which might be an obstacle for your application, and the probability of a straightforward registration.