What is a Trademark Search?

A trademark search can, in actuality, be many different things. In theory, a trademark search is performed to determine whether or not the mark you are hoping to use is already taken by another. This allows an individual to apply with a greater level of confidence for the use of a trademark with the United States Patent and Trademark Office (herein referred to as the USPTO). A trademark search is, ideally, a comprehensive, analytical way of researching a name, slogan or logo for prior use.

A trademark search can also be performed in a sloppy and ineffective manner, and may not protect you from potentially infringing upon another?s name or logo. This is why it?s important to ensure that the trademark research you have commissioned is done comprehensively and thoroughly!

It is not unusual for a trademark research company to charge hundreds of dollars for searching the USPTO, which you can do for free. Comprehensive research firms search Federal, State and Common Law records, which is a more logical and thorough way to research your name. When commissioning research on your name, it is important to ask the company you?re considering using to clarify what exactly their searches entail, each step of the way.

Companies may try and save money in other ways, including letting you pour through the raw data they collect without any summary of what it all means. It is important to be sure once you?ve decided to commission research on your name that the information is compiled into an easily readable report. Examining the results of your research can sometimes be difficult, even when placed in an edited report. If you?re left to decipher the meaning of a company?s raw data, chances are you may under react or overreact to the results.

When searching your name, it is important that phonetic spellings of the name are searched, as well as vowel variations. This should be done in order to find any potential matches of your name, whether these matches are similar or identical. Ultimately, the goal of the search is to allow an individual to apply for the searched name feeling as though they are informed, and free of any potential legal ramifications. Unless your search is comprehensive, there is no way to promise the same peace of mind a thorough search can!

Applying for a trademark does not have to be a painful, convoluted process. It can actually be quite easy if you follow the correct steps throughout! Remember, it is a process to research a name.

Marit Lee is a Researcher for TradeMark Express. Since 1992, TradeMark Express has met the needs of their clients with comprehensive research, application preparation, attorney referrals and trademark consultation. For further details, please visit us on the web at TradeMark Express or call Marit directly at 800.550.1520.

It Really Is My Trademark, Honest

 

A trademark could be a different name, symbol, sign, phrase, picture or style employed by a business to work as an identity for its products and services as well as for itself.

A trademark lawyer?s job requirements include trademark application, filing and prosecution. A trademark lawyer searches and clears the trademark search analysis. He looks after the trademark infringement and enforcement matters and matters involving third parties? infringing marks. He manages all trademark litigation, prepares, reviews and negotiates license agreements. Registration and monitoring of domain names and general trademark counseling about routine trademark matters and education are the requirements for a good trademark lawyer.

A trademark lawyer is required to take the following steps for a trademark registration process:

1. The trademark lawyer makes an inquiry whether the name selected has already been registered or if it infringes a registered name or mark. It is only after the complete determination of trademark?s validity that an applicant may begin using the symbol.

2. The trademark lawyer then prepares and files the trademark application.

3. After one or two months the United States Patent and Trademark Office (USPTO) acknowledges the filing of trademark. The trademark lawyer then obtains a serial number for the application.

4. If the proposed trademark infringes on any existing one, the Trademark Office in consultation with the concerned lawyer, suggests possible alterations that need to be made. This is done within six months from the filing of application.

5. Within eight months of filing the application, USPTO publishes the proposed trademark in the Official Gazette. During this period, trademark holders may file objections to the proposed trademark.

6. After ten months, USPTO issues a Notice of Allowance. After this the applicant can start using the trademark in business.

The applicant may begin using the trademark only after the approval by USPTO. It is only then that an applicant can commence using the mark or name with the ? symbol.Howard Schwartz is a partner in several business strategy groups, including HJ Ventures International, Inc. Howard has worked with hundreds of entrepreneurs worldwide with a focus on writing Business Plans for companies interested in raising capital from Venture Funds. http://www.hjventures.com/trademark/Trademark-Lawyer-Directory.html