How to Check Trademark Availability
Introduction
Protecting your brand today so that your business will thrive tomorrow. So that you are able to legally take care of your brand, you will be trademarking your business name, product name, or service name. Yes, you will have to search and check if it is available but. And then no one ever gets a chance to utilize it when you will need it. It can’t be helped because if brand marks registration is done, court cases, brand confusion, and revenues wastage will occur. And in today’s blog we are going to study how availability search in a trademark, why quality search is necessary, and will give you the procedure.
What is a Trademark?
A trademark is a phrase, word, symbol, or term used to refer to the origin of goods and services. Your company is identified by a trademark from companies and can be put into the marketplace. Trademarks are safeguarding that prevents copying a mark and misleading people or watering down the brand.
Why Is It Important to Check for Trademark Availability?
Cross check confirmation whether it can be used or otherwise is conducted prior to trademark registration. In the given situation, in the event of registered trademark, endincourt case would exist in the event that dissensus would have entailed its refusals of registration or otherwise in your case scenario wherein you would have to trademark your corporation afresh. Exhaustive trademark search is for:
- Avoid Conflicts with Existing Trademarks: You would not be infringing another person’s mark in a trademark if you search.
- Save Time and Money: You would be exposing yourself to attorney fee inconvenience and delay if you proceed and obtain an infringement mark registration. Searching avoids such delay.
- Ensure Brand Protection: You not only trademark your brand but also reserve the right of pre-emption to sole use of your application to use your product or service brand name, logo, or slogan.
Step-by-step Procedure on How to Know Trademark Availability or Not
There is no right machinery and infrastructure by which you can determine whether a trademark exists or not. The second step will lead you to that destination.
1. Search the U.S. Patent and Trademark Office (USPTO) Database
Because you are based in the US, you would make your search firstly in the database of USPTO so that you would become aware if your trademark is free or not. All pending marks and all search of use and nonuser registered marks would be available in its database. After that, it’s how you need to proceed:
Step 1: Visit USPTO website and select Trademark Electronic Search System (TESS).
Step 2: Select Basic Word Mark Search or Advanced Search and search your mark. Basic can be used for ordinary search, one can use advanced search for particular search.
Step 3: Enter your proposed mark and pull result. Search similar or same to your proposed mark, i.e., same class of goods or services.
Step 4: After getting any against marks, check their status (registered, pending, or abandoned) such that you would know if they are available or not.
Step 5: And if your mark which you wish to be a trademark is already present, then don’t worry and you can complete the process of a registration of trademark. If there arises any kind of dispute, then you have to abandon your mark or modify your mark in some or other manner so that you will never infringe them.
2. Search Other Trademark Databases
Though simple to do searching out of USPTO database while traveling within the United States, foreign database available being abroad on business. And finally, searching in any one of the following full trademark databases:
- European Union Intellectual Property Office (EUIPO): European Union Marks.
- World Intellectual Property Organization (WIPO): International Madrid Protocol registration.
Yes, National Trademark Databases: Nations also maintain national trademark databases, and you can inquire if they possess databases in your jurisdictions.
3. Use Online Trademark Search Tools
Apart from government trademark databases, there are not many web trademark search tools where you can verify availability. Web tools scrape other trademark databases just because no time is wasted in investing effort and time. Some of the best-selling top web tools are:
- Trademarkia: Trademarkia is an excellent website where you not only search more than 100 world trademark databases but also get readable reports to assist you in resolving conflicts.
- CompuMark: It is computer software, which provides you with full range full solutions of the trademark search. It provides you with full availability and potential conflict reports of the marks.
- NameRobot: NameRobot is also software program that has availability feature for trademark search and business name generator feature.
4. Do a Common Law Search
Apart from the fact that he is the owner of live file or database of marks on which the mark is in use with the USPTO, then common law will then apply and envelop them.
It even claims that the trademark could claim exclusive rights under trademark use of commerce despite not being the registered default paradigm. One would then go ahead and do the following in an attempt to pursue common law. Google search: Attempt to Google any product, company, or service that earlier has a marked or logoed appearance like yours in an attempt to establish whether your mark of interest exists or not.
Domain name search: Attempt searching on websites like WHOIS or domain registration websites in an attempt to ascertain whether your mark’s domain name is free or not.
Bounce social media sites: Search for people with your name or similar close variations of standard names on common social media sites like Facebook, Twitter, Instagram, and LinkedIn.
Name collision search: Conduct state business name database and roll name collision searches.
5. Consult with a Trademark Attorney
Even if you would have conducted the search yourself, it would have been a firstlevel search. It would have been better on your part if you would have taken the advice of confidence of a trademark law attorney. He can advise you whether there is or not any risk and provide opinions on registrability or otherwise of your mark.
- Your trademark attorney can even have the following arranged for you:
- Can do rightful search in case of any potential trademark conflict, i.e., common law marks.
- Can register your mark with results.
- Anyone can register trademark at the same time.
6. Make Your Trademark Search Results Accurate
After conducting your search, it’s important to evaluate the results carefully. If there are no conflicts, your trademark may be available for registration. However, if there are conflicting marks, you’ll need to assess whether they pose a significant risk to your trademark application. Consider the following factors:
- Similarity: Are the marks identical or just similar? Even slight variations can cause legal challenges.
- Goods and Services Class Class: More distinction whether goods mark or services mark more. More conflicter if your mark same class as prior mark.
- Market Presence: Even competitor mark highly recognized, unpopular mark less than typical market presence?
Trademark Strength: Powerful trademarks (Apple, CocaCola) will get more protection for their trademark to be awarded and distinct trademarks allow court case to achieve it.
Conclusion
Your trademark is trademark search protection for availability. Assuming you are performing the proper due trademark search for this purpose, your trademark will surely be nonblocked registered marks and distinctive. Blind as it appears, spidering web search engines, research for the attorney’s counsel, and an inhouse administered effort to construct the searches step by step will get you back on track. A trademark is an investment in the future of your business, and frustration must never be exaggerated.
FAQ:
1.) How do I perform availability of a trademark search?
In order to search whether there exists a trademark or not, it would probably search the USPTO database through the Trademark Electronic Search System (TESS). Apart from database search and common law search wherein you search on the internet, social network, business directories also exist.
2.) Can you trademark a name if it is not in the USPTO database?
No, not quite. Mark is common law but USPTO is not. Conduct a reasonable common law search by searching one or two or three databases on the internet.
3.) Can I use an infringing trademark name?
precise replica of current marks cannot be built in law where the mark exist exist exist in succession succession succession for same series of business of marketplace or same business of service. Relief on distinctive trademark are available.
6.) availability searching availability of attorney service to be employed is precondition?
But always isn’t bad practice in availing services of professional trademark attorney and secondly status quo because they will.
They will select you also from bog of some future bog of filing.
7.) Is there time limit to check availability of a trademark?
There is no time limit to check availability of a trademark. For quick search, it would be done within hours and if it is good search, particularly if it is international mark or extensive use, it would be done within days.
If all those people who have worked so hard under your brand name, then never you would go to court cases and get your brand well wrapped.