Trademark Search

While trademark searches can provide extensive information regarding other marks that may be in use in commerce, and the status of those marks (i.e., registered, pending or abandoned), searches do not provide definitive answers as to whether a trademark can be registered with the USPTO. An Examiner at the USPTO must examine the trademark to determine availability for use and registration. The Examiner will evaluate whether the mark conflicts with a previously existing mark and/or whether it is sufficient to meet the minimum requirements to become a federally registered trademark.

For text searches:

You will receive (1) a search report outlining federal marks listed in the Official Gazette and active USPTO text records from 1884 to present, (2) a search report outlining state marks in all 50 states, (3) a "common law" search report, (4) a business name report, and (5) domain name report.

These are marks that have not yet been registered with the USPTO, but are either in the queue to be registered, or are on hold pending Examiner inquiry or opposition from a third party.

A search is not required to be performed prior to applying for a trademark registration. However, a search can be extremely beneficial in determining the availability of a trademark. A comprehensive trademark search can provide information regarding registered marks, marks that are currently pending with the USPTO, marks that are registered or pending on state databases, as well as common law marks (which include, for example, company/business names, DBAs, industry information regarding businesses, etc.).

Common law trademark rights have been developed under a judicially created scheme of rights governed by state law. Common law trademarks (unregistered trademarks) generally provide protection only in areas in which the trademarks have actually been used; thus, providing only a limited scope of protection. A trademark may have common law rights associated with it even though the mark has not been registered with a state or the federal government.

A dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing. It does not necessarily mean that there are not other marks that might be in use in commerce (i.e., certain marks can be dead or abandoned, but are still in use in commerce).

A "live" mark is one wherein the application is currently under prosecution within the USPTO. A "live" mark could be used as a bar against a subsequently filed trademark application.

A search is not required to be performed prior to applying for a trademark registration. However, a search can be extremely beneficial in determining the availability of your trademark. A comprehensive trademark search can provide you with information regarding registered marks, marks that are currently pending with the USPTO, marks that are registered or pending on state databases, as well as common law marks (which include, for example, company/business names, DBAs, industry information regarding businesses, etc.).

Federal registration, a system created by federal statute, is not required to establish common law rights in a mark, nor is it required to begin use of a mark. However, federal registration gives a trademark owner substantial additional rights not available under common law.

A business name, or the name that a business uses to identify itself, is often referred to as a "trade name." A business name, as distinguished from a trademark, is used in connection with a legal or tax entity (a corporation or LLC, for example). A trademark, on the other hand is used in connection with a product or service, which may, or may not, be the same as an entity's business name. A business name can only be trademarked if it is used to identify a product or service in commerce.