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Do Free Trademark Search to Avoid Problems with Your Application
from:Deb St. George, on Patents and Trademarks in your Patent and Trademark Guide From Agritrax.com
Is there such a thing as free trademark search? The answer can be a yes and a no, why? True enough there are a number of preliminary sites that you can access without any charge, but you're not aware the company's terms pertaining to service or product names.
You must do a comprehensive research before you can actually tell the availability of a name. What is a trademark? According to its definition, 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. By means of a trademark registration, you can get government protection while you're doing your business. This is a trademark benefit that only registered companies enjoy. Another benefit is that no other company can use your name, or a similar name, nor offer products and services that are like yours. There are even times when the benefits enjoyed by a company extend beyond their chosen industry.
The Internet is widely used nowadays, and it is a great tool to make a free trademark search online. There are websites that you can visit to check existing trademarks if you want to apply for one on your own. Make sure that you plan for a unique trademark that will set you apart from the rest.
1. United States Patent and Trademark Office or USPTO – they have their own site where you can do some searches of Federal trademarks. While you're inside their site, check out the PT depository library and download it. You may also want to check the list of goods acceptable for identification. The site also contains other documents about the basic facts of trademarks. But the site is not that complete. In fact, you can't find a list of state trademarks, DBA records, newspapers, company directories, product announcements, and many other important papers. The site does not offer an intelligent search that gives emphasis on spelling variations, synonyms, word placement; you have to enter the variations manually.
2. State Secretary Website – depending on your state, you can find a searchable database by state online. Usually, this site doesn't include a list of federal trademarks, other state's listings, and a common-law database. If you can find a state site, you must determine if it's updated regularly and if it can intelligently search.
3. Yellow Pages – the users are allowed to make a nationwide search by entering the name of the business and make sure that you leave the remaining fields blank. Like the USPTO website, yellow pages don’t make intelligent searches unless you enter the variations.
Free trademark search online can be of great help for you. So take advantage of the free resources available on the net. Gather all important information that you might find useful. If after some time you're not satisfied with the result, then you can easily hire a private company or an attorney to make a thorough and detailed research.
If you want to file a trademark application, you can file this with USPTO. They will ensure that there is no existing trademark that is similar or looks just like your mark. But just a reminder, the USPTO office wasn’t organized mainly for applicants but for the existing trademarks. Their main objective is to search possible infringements in your filed trademark.
Securing a trademark application has certain roadblocks that you need to deal with, so while there is still time, do your homework and have that search done in time. By visiting the depository libraries, you can search existing trademarks manually. If you want to conduct an electronic trademark search, you can utilize TESS. Don’t forget to visit TARR to track your application's progress.
Expect that before your application will be approved, it will be subject to scrutiny. The USPTO will make sure that your application is unique and is not identical to the existing trademarks. The slightest resemblance of copyright infringement can send your application rolling to the trash bin. If you don’t want to encounter any problems with your application, make lots of free trademark searches and be prepared. This way, your application can be easily approved.
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