Do Free Trademark Search to Avoid Problems with Your Application

If you are looking to register a trademark, you may be wondering if there is a free way to make sure someone else doesn't already have it. Well, that is both a yes and a no. There is no shortage of sites that can do a quick search without a charge.

However, you will need to do a thorough search to be really sure that the name is available. The first step may be being sure you understand what a trademark is in the first place. A trademark is defined as a word or unique name, phrase, symbol, logo, image, design, or may be combinations of these different elements that distinctively identify the service or product you offer to customers; this distinguishes a particular company from their competitors.

Basically, what this boils down to is a symbol or name that identifies your business and keeps it protected from competitors. Also, it makes it illegal for anyone to copy your item without your permission. This is actually enforceable by the government.

The internet is a great tool to use when looking for a free trademark search and is very widely used. You can even use sites that will show you existing trademarks so you know what has already been taken versus coming up with one just to be disappointed that someone else already had your great idea.

Here are a couple of places to perform a free trademark search to see if the trademark you are thinking of is already taken.

The USPTO - United States Patent and Trademark Office - has a website where you can do searches of existing federal trademarks on file. While you are bumping around on the site, check out the depository and download it for later reference. There is also a spot where you can look at a list of goods that can be trademarked.

For example, you cannot trademark a banana, but when you make it a Chiquita, it has been trademarked. It is a good all around site to start with. There is a fact sheet of sorts for the facts of trademarks. Be aware, however, that there are some holes in the site.

For example, if the trademark is on the state level, it will not be on the federal website. Also, the search engine within the site is not intelligent, that is, it does not look for spelling variations, synonyms, word placement and the like. You will have to do that on your own.

The Secretary of States' websites are also worth visiting. Check to see if your state offers a database that is searchable online. Chances are though, this will not include the federal database, or common law databases. Check to see if it is updated regularly and if the search is intelligent to help aid you in your quest.

You can also check the Yellow Pages online. Simply enter the name of a business and leave the rest of the fields blank. This will perform a nationwide search of the name you put in. This is going to be like the United States Patent and Trademark Office site in that the search engine is not intelligent and any variations would have to be put in manually.

By taking advantage of the free trademark searches online, you can gather all kinds of information that may prove useful in your endeavor to register a trademark. If you are not satisfied with what you have come up with, you can also hire a privet company or an attorney.

This is also a good option if you find you do not have the time to search every spelling or word placement variation on several sites. They will be able to perform this detailed search for you for a cost.

You can easily file for a trademark application with the United States Patent and Trademark Office. They are going to make sure there are no trademarks already existing that are similar or exactly like the one you are wising to register. Keep in mind though, that they are not there for the new applicants, but to protect the integrity of existing trademarks.

If the trademark you are trying to file has a resemblance to one already on file, the application will be denied and you will have to start over and submit a new one. This could take months to know if your application has been approved or not, that is why it is so important to do your home work ahead of time.

Joseph Savard has been in the business of trademarking for 15 years now and is the best selling author of the ebook "The Trademarking Handbook" Check out his website for your guide on how to register a trademark now. >http://www.trademarkinghandbook.com

Using A Mark You Cannot Trademark-Be Careful

When coming up with a logo or mark, there are plenty of options. Sometimes, people make a choice that cannot be trademarked and this leads to problems.

When you start a business, you probably have visions of huge success. At the same time, it can be difficult to plan for it when you are sitting in your home office or garage and just getting started. Unfortunately, this is when many of the most important steps are required to be taken. One is picking a mark to identify your products or services.

A mark is simply something that identifies your products or services to consumers. Classic examples of this include ?coca cola?, the Nike Swoosh and many others. When you see one of these marks, you immediately identify them with the company and product in question. In legal terms, the mark is indicative of a certain quality of products or services.

When coming up with your mark, you have to be careful. Not everything can be trademarked. For instance, ?Google? is unique and clearly something that can be trademarked. When you see the Google logo, you know it refers to a search engine that allows people to find things on the web. Now, what if Google was instead called ?search engine?? The phrase is already commonly used and associated with other sites providing search functions for consumers. As a result, it cannot be trademarked.

So, why does all of this matter. Try to look into the future for your business. What if you become a huge success? Remember, Microsoft started with a couple of people and so did Google. You could be the next one. That being said, what if you ?go big? with a mark that cannot be trademarked? Other businesses will be able to use your mark! If you want to talk about a business disaster, this is it.

Imagine if Google could not be trademarked. Every other search engine could use the term in their marketing and on their web pages. This would cause massive confusion among consumers. More importantly, those consumers would be diverted to competitors of Google. Do you think that would hurt Google?s bottom line? You bet.

When starting a business, try to use distinct names and logos that are not common place. Get your trademarks. As the business grows, consumers will come to know your mark and identify it with your product or service. This, of course, is the key to getting them to come back and buy from you.

Richard A. Chapo is with SanDiegoBusinessLawFirm.com - providing trademark registration services.

Can You Trademark Your Business Name?

A trademark is a distinctive image, word or other thing that associates with a product or service. So, can you trademark your business name?

Most people think trademarks are logo oriented. In some ways, this is true. The Nike Swoosh is clearly a logo trademark that stands out in peoples minds. When you see it, you immediately think of Nike and its products. While logos can clearly be trademarked, what about a business name? The answer is both yes and no.

A trademark is a consumer oriented thing. While it protects the intellectual property of businesses, it is a legal step designed to protect consumers. The basic idea is a trademark should point to a particular product or service and only be used by the company backing those items. This helps consumers in two ways. First, it represents an assurance of a particular type of quality associated with the products or services provided by the company. Second, it precludes other companies from causing consumer confusion by infringing on that mark.

When it comes to your business name, you can trademark it if certain requirements are met. I am going to avoid the legal mumbo jumbo that confuses people, and stick with a general rule of thumb. If you use your business name in advertising or on the product or service, you can trademark it. A classic example is ?Google?. Google is both a company name and used on the service itself. When you go to the home page of Google, you see ?Google? prominently displayed. As a result, this business name can be trademarked.

If you do not use your business name in a direct communication to consumers, you cannot trademark it. Why? Well, there is nothing distinct about it that reminds consumers of the connect. TJMaxx is a well-known discount retail store. Most people have at least heard of the name. The company behind the name, however, is actually TJCos. Nobody has heard of ?TJCos? and certainly do not associate it with a store. As a result, this business name would be difficult to trademark, if not impossible.

If your name is going to be a fundamental part of your marketing effort, you should consider trademarking it. If it is not, then your probably should save your money. Obviously, each situation is different, so make sure you speak with legal counsel in your area.

Richard A. Chapo is a trademark lawyer with http://www.SanDiegoBusinessLawFirm.com.