Can A Free Trademark Search Help You Avoid Problems With Trademark Registration

Is there such a thing as a free trademark search? The answer can be a "yes" and a "no". True enough, there are a number of preliminary trademark search sites that you can access free of charge, but you will not be made aware of the company's terms pertaining to their service or product names.

You must do a comprehensive search and careful research before you can actually tell whether or not a name is available. What is a trademark? According to its definition, a trademark or trade mark, is defined as a word or unique name, phrase, symbol, logo, image, design, or a combination of these different elements that distinctively identifies the service or product you are offering to customers. Your trademark distinguishes your particular company from that of your competitors. By means of a trademark registration, you can get government protection while you're conducting your business. This is a trademark benefit that only registered companies enjoy. Another benefit is that no other company can use your name, or a similar name, nor offer products and services that are like yours. There are even times when the benefits enjoyed by a company extend beyond their chosen industry.

The Internet is widely used nowadays, and it is a great tool to use for doing free trademark searches online. There are websites that you can visit to check existing trademarks if you want to apply for one on your own. Make sure that you plan to use a unique trademark that will set you apart from the rest.

1. United States Patent and Trademark Office or USPTO – they have their own web site (USPTO) where you can do some searches of Federal trademarks. While you're inside their site, check out the PT depository library and download it. You may also want to check the list of goods acceptable for identification. The site also contains other documents about the basic facts of trademarks. The USPTO site, however, is not that complete. In fact, you can't find a list of state trademarks, DBA records, newspapers, company directories, product announcements, and many other important papers. The site does not offer an intelligent search that gives emphasis on spelling variations, synonyms, or word placement; you have to enter the variations manually.

2. State Secretary Website – depending on your state, you can find a searchable database by state online. Usually, this site doesn't include a list of federal trademarks, other state's listings, and a common-law database. If you can find a state site, you must determine if it's updated regularly and if it can do intelligent searches.

3. Yellow Pages – users are allowed to make a nationwide search by entering the name of the business and make sure that you leave the remaining fields blank. Like the USPTO website, yellow pages don’t make intelligent searches unless you enter the variations.

Doing a free trademark search online can be a great help to business owners when conducting a preliminary research. Although it's good to take advantage of free resources such as those available on the net, if you decide to proceed to a more serious stage after gathering all important information that you might have found useful, it's highly recommended that you consider hiring the services of a private company or a trademark attorney to help you make a more thorough and detailed search.

If you want to file a trademark application, you can file this with the USPTO. They will ensure that there is no existing trademark that is similar or that looks like your mark. Just be aware, however, that the USPTO office's main focus is not on applicants, but on existing trademarks. Their main objective is to search possible infringements in your filed trademark.

Securing a trademark application has certain roadblocks that you will need to deal with. It is important, therefore, to do your homework, especially when conducting a search for possible existing trademarks that may cause you problems. By visiting the depository libraries, you can search existing trademarks manually. If you want to conduct an electronic trademark search, you can utilize TESS. Don’t forget to visit TARR to track your application's progress.

Expect that before your application will be approved, it will be subject to scrutiny. The USPTO will make sure that your application is unique and is not identical to the existing trademarks. The slightest resemblance of copyright infringement can send your application straight to the trash bin. If you don’t want to encounter any problems with your application, make lots of free trademark searches and be prepared. This way, your application can be easily approved.

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Recommended Trademarking Resources

A Trademark Guide for Entrepreneurs - A Trademark Guide for Entrepreneurs provides the information business executives need to know about protecting their most valuable assets - their trade names, trademarks and service marks. In easy-to-follow language, Robert E. Lee explains how to register trademarks and trade names with both state and federal offices, police the marketplace for possible infringers and successfully exploit the marks through assignments, licenses, franchises and joint ventures. Most importantly, A Trademark Guide for Entrepreneurs teaches the corporate officer, director or manager how to select and use effective trademarks that will stand out in over-crowded market areas, thereby increasing market share and profit potential.

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How to Register Your Own Trademark: With Forms Author: Warda, Mark. Number of Pages: 248. Published On: 2004/05/01. Language: ENGLISH. While nearly everyone has created some work that deserves copyright protection, few people know the process for registering and protecting their products or ideas. Similarly, a trademark that has been registered accurately is the most valuable asset a company can have. The information contained in this book makes it easy to register work and business trademarks accurately. Contents include: Addresses and phone numbers for easy registration in each state; Instructions for preparing the necessary forms; Explanations of the different types of registrations available for trademarks; Legal Reference / Law Profession. How to Register Your Own Trademark: With Forms

For more information about Trademarking-related resources, see our Business resources section, subscribe to our Business Newsletter containing news, updates and insider tips, or go to more articles about Free Trademark Search.

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