Comprehensive Trademark Search

It may be more time efficient and cost effective to do a quick search before registering a trademark. A search may help avoid obvious duplications of pre-existing marks and the expenditure of nonrefundable applications fees. 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. Running searches with the USPTO does not guarantee superior rights to a particular mark. There could be someone already using a similar mark, but who did not register it with the USPTO. 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.

The USPTO does not always give its stamp of approval to trademark applications. "Generic," "descriptive," "suggestive," "arbitrary," and "fanciful" are some of the ways in which names are typically described by the USPTO. If a trademark application is more "fanciful" or less "generic," the USPTO is more likely to register it. It is uncommon for generic names to be protected. Case in point: "The Screwdriver Company" is probably not a good choice for a trademark for a firm that makes screwdrivers. The United States Patent and Trademark Office is not likely to accept names that are merely descriptive either. As an example, "The Metal Screwdriver Company" probably won't cut it as it just says that screwdrivers are metal. Typically, descriptive marks can be protected as trademarks, although this is contingent upon their having acquired what is known as "secondary meaning." What this means is that people still link the product with a particular brand because of the well-known name, even when it's actually generic. The multinational corporation IBM is one such example. Typically, a secondary meaning has not been achieved by fledgling enterprises since they are not yet well-known enough. Since generic names do not often acquire a secondary meaning, the USPTO is not likely to register them. Use suggestive marks, which frequently imply quality or another facet of the organization, to increase the likelihood of approval. For instance, the USPTO is more likely to register "Herculean Screwdriver Company" than "Strong Screwdriver," even though the two terms mean the same thing. On the other hand, distinguishing between descriptive and suggestive marks can be challenging. Some well-known instances of suggestive markings include Citibank, which offers banking services, and Microsoft, which creates software for microcomputers. These names are popular among brand owners because they convey the essence of the company to consumers without requiring costly and time-consuming advertising or further education to spread the word about the product. Random markings follow on the heels of that. Words that already exist but are being used in a way that has nothing to do with their typical, everyday meanings are these. So, Chocolate Screwdrivers could be useful. Apple Computers (not to be confused with Apple Records) is a prime example of an arbitrary mark. As a last point, whimsical marks are usually the most easily acceptable marks. A whimsical mark is one that is completely made up or uses an uncommon word that doesn't relate to the items in any way. A screwdriver company's "Glotz" could be appropriate. Yahoo!, Google, Exxon, and Spotify are a few companies with imaginative trademarks. The USPTO may also reject names for the following reasons: There is already an existing registered name that is too similar. It's a last name. The location where your business is taking place is described geographically.

Trademarks are normally used to register a name, logo or slogan related to the sale of goods. Service marks are often used to register a name, logo or slogan related to the sale of services.

It is common practice for trademark owners to demand that others stop using their mark by sending a "cease and desist" letter. Even if the infringement is accidental, the party responsible should cease their actions immediately upon being informed that they are clearly infringing upon someone else's rights. The party accused of infringement may choose to disregard the request or deny any wrongdoing. A trademark infringement lawsuit could be considered after that. If you think suing could be the best course of action, you should consult a lawyer. Talk to a lawyer to find out if any of these things apply to your case, since they are common to successful lawsuits: It is generally assumed that a plaintiff with a federal trademark registration owns a legitimate mark. On the flip side, there's the issue of selling goods or services under the mark without the proper authorization. The counter-argument involves a usage of the mark that might lead reasonable buyers astray.

Any commercial use of an unregistered business name, logo, or slogan is considered to constitute use of a "common law trademark" in the United States. Consequently, if a trademark may already exist under common law, there's no need to pay to register it. Unlike the nationwide protection typically acquired when a mark is registered with the USPTO, common law rights are typically confined to the geographic area where the mark is used. The capacity to grow the brand is thus hindered because, unless a mark is registered, its usage can be geographically limited. Conversely, if someone else registers a confusingly similar mark, it could limit a person's ability to use their mark in a specific geographic area. Another benefit of trademark registration is the legal protection it provides against trademark infringement lawsuits down the road. Courts will take into account the date of usage and the validity of the registered trademark when making their decisions. In the case of litigation, registered trademark owners also have access to favorable remedies. As a last step, the USPTO will keep an approved trademark in their database, which might deter others from using it in the future. This should serve as a warning to any future businesses interested in using the mark, which should help keep trademark conflicts to a minimum.