As a business owner, protecting your brand is essential, and filing a trademark is one of the best ways to do that. A trademark or service mark safeguards your brand identity and distinguishes your business from competitors. In this guide, we’ll show you how to conduct a trademark search to ensure your brand is unique and legally protected.
Before diving into the search process, let’s explore what a trademark is, what you can and cannot trademark, and why having one benefits your business.
What is a Trademark?
A trademark is any distinguishable word, phrase, symbol, or design (or a combination of these) that identifies your goods or services and sets you apart from competitors in the marketplace. Trademarks and service marks help customers recognize your brand more easily.
A service mark functions similarly but applies specifically to services rather than physical products.
The Importance of a Trademark
- Identifies the origin of your goods or services.
- Provides legal protection for your brand.
- Helps detect counterfeiting and fraud.
Many people mistakenly believe that owning a trademark gives them exclusive rights to a word or phrase entirely. In reality, trademark protection applies only to specific uses related to your products or services.
For instance, if you own a photography business and trademark your logo, that protection applies within your industry but doesn’t prevent another company in a different industry from using a similar logo.
To learn more about choosing the right domain for your business, check out our AI-powered domain name generator.
What Can You Trademark?
Some of the most recognizable brands protect various aspects of their identity through trademarks. The United States Patent and Trademark Office (USPTO) allows registration of:
- Logos (e.g., the Nike Swoosh)
- Slogans (e.g., “Just Do It”)
- Color Schemes (e.g., Tiffany Blue)
- Smells (e.g., Play-Doh’s unique scent)
- Sounds (e.g., the MGM lion’s roar)
Businesses often require multiple trademark registrations for comprehensive protection. Many start by trademarking their business name, but logos, slogans, and brand colors are equally valuable.
If you’re unsure which elements of your brand to trademark, consider consulting a licensed trademark attorney.
What Can’t You Trademark?
Certain elements cannot be trademarked to prevent false advertising or consumer confusion. These include:
- A person’s name without their consent.
- Flags or government seals.
- Offensive or obscene words/images.
- Generic terms (e.g., “Lamp” for a lamp company).
- Deceptively geographic names (e.g., “Texas Hats” for hats made in Pennsylvania).
- Misleading trademarks implying false affiliations.
How to Perform a Trademark Search
Conducting a trademark search is a crucial step before filing an application. This helps prevent conflicts with existing trademarks and ensures a smoother registration process.
1. Learn How to Use the Trademark Electronic Search System (TESS)
The USPTO’s TESS database is a free tool that helps users identify existing trademarks.
TESS allows you to search both registered and pending trademarks. It’s important to use the correct trademark class based on your business’s goods or services.
2. Read the USPTO Guidelines
Before filing, review the USPTO’s trademark registration guidelines to understand eligibility requirements and the application process.
3. Use TESS to Conduct a Trademark Search
TESS allows searches by mark, owner, or serial number. The USPTO strongly recommends conducting a thorough search before submitting an application to avoid rejection.
4. Select Your Search Preference
The USPTO offers two main search options:
- Basic Word Mark Search: Best for single words or short phrases.
- Full-Text Search: Allows searching multiple words and variations.
5. Adjust & Filter Search Fields
To refine your search, use filters such as:
- Mark Type (words, logos, slogans)
- Live/Dead Status (active vs. inactive trademarks)
- Owner or Applicant Name
- Attorney’s Name
6. Review Your Search Results
If you find a similar mark, consult a trademark attorney before proceeding. Contacting a trademark owner directly may lead to legal complications.
7. Research State Records & Common Law Uses
Even if a mark isn’t federally registered, it may still be protected under common law. Search online, check business directories, and review state trademark records to ensure your mark isn’t already in use.
For additional brand protection, consider registering a .inc domain to enhance your business's online identity.
Summary
Conducting a trademark search is a crucial step before filing an application. Using resources like TESS and the USPTO website ensures your trademark is unique and legally available.
By taking these steps, you can protect your brand and secure its legal standing in the marketplace.
If you're looking for a business name to trademark, try our business name generator for instant inspiration!
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