Are trademark public record [Expert Guide]

Last updated : Sept 29, 2022
Written by : Hortense Gualtieri
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Are trademark public record

How do I look up a trademark?

Identifying a trademark on goods or services is as straightforward as identifying the name, logo or symbol on packaging, advertising, or a sign that indicates the source of the goods or services. The more distinctive the name, logo or symbol that is displayed, the more likely it is a trademark.

How do you check if something is trademarked or not?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

Where are trademarks recorded?

The United States Patent & Trademark Office ("USPTO") through the Assignment Recordation Branch records trademark assignments. Requests to record assignments are filed on line through the Electronic Trademark Assignment System ("ETAS") using

Who is the rightful owner of a trademark?

Trademark owner is the party who controls the nature and quality of the goods and services used in connection with the brand. The owner of a trademark is the person who applies the mark to goods that they produce, or uses the mark in the sale or advertising of services that they perform.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How do you find out if a name or logo is trademarked?

You can search for federally registered trademarks by using the free trademark database on the USPTO's website. To start, go to the USPTO's Trademark Electronic Business Center and choose "Search trademarks." Then follow the instructions you see on the screen. Check state trademark databases.

Can you trademark a name already in use but not trademarked?

1. Can You File for a Trademark That Exists? Updated November 12, 2020: If you're wondering, "can you trademark something that already exists," the simple answer is "no." Generally speaking, if somebody has used a trademark before you, you can't register the trademark for yourself.

How do I find out if someone has a copyright?

You can search through copyright files by visiting the Copyright Office at (see Figure 2, below). All copyright information is located in the Public Catalog (click “Search Public Catalog”) which contains information about works registered since January 1978.

Can I trademark my name?

You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

What is a trademark vs copyright?

Copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. Copyright is generated automatically upon the creation of original work, whereas a trademark is established through common use of a mark in the course of business.

What does a trademark protect?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights.

What happens if someone uses my trademark?

If the person or entity receives your letter and continues to use your trademark, it's time to file a lawsuit. The suit will get filed in federal court if it spans more than one state. If the infringement is local, it may get filed in a state court.

Can two individuals own a trademark?

Therefore, multiple ownership of a trademark can only be granted if the owners have joint control over the nature and the quality of the goods and/or services. Also, unless specifically stated otherwise in a contract between the owners, in the eyes of the USPTO, multiple ownership of the trademark is equally shared.

Can you have a trademark without registering?

An unregistered trademark is a mark that has not been registered at the U.S. Patent and Trademark Office (or at any of the state trademark offices). Owners of unregistered trademarks nevertheless have legal rights within the geographic areas in which they operate.

How expensive is it to trademark a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

What are some 5 examples of trademarks?

  • Under Armour®
  • Twitter®
  • It's finger lickin' good! ®
  • Just do it®
  • America runs on Dunkin'®

Is the Adidas logo trademarked?

All trademarks, service marks and trade names of adidas used herein (including but not limited to: the adidas name, the adidas corporate logo, the adidas trefoil Design, and the Three Stripe logo) are trademarks or registered trademarks of adidas or its affiliates.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

Can you lose a trademark?

You can lose a trademark in a variety of ways. You can lose a mark through abandonment. A mark will be considered abandoned if you stop using it for three consecutive years and you have no intent to resume its use. You can also lose a mark through improper licensing or improper assignment.

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Are trademark public record

Comment by Kortney Bevilaqua

hey everyone this is attorney dan nguyen today i want to talk about trademarks and the answer to the question are trademark trademarks public and the answer is yes so if you do want to look up your own trademark or someone else's trademark you can come here to the united states patent and trademark office website specifically the trademark electronic search system i will put this link in the uh in the description but there are a couple ways you can search for uh for trademark one is if you have the serial number or registration number and so uh a an application is issuing a serial number and if it turns into a registration you will get an application number and what you can do here is actually just go here to basic word search type in you know the serial number and then see our number registration number and then just hit search obviously this that's not one but if you have the right one that will show up uh in the in the list here okay now the other way you can search for one is um the owner name and address so if you know um the uh the individual that filed it or the entity that uh filed for it you can enter this here and it'll show up the applications for all the um all the uh all the uh all the applications underneath that name so i'll just i'll just look at a name here okay and this is uh aaa for um owner's name um for anything that uh shows up in the name names out there aaa okay so both name and address so aaa actually shows up in the address here okay or right here this is uh uh it's the same company okay so um if you know the address or the business name or the owner name you can put it right here under combine uh owner name and address okay and again also if you know the registered name or the mark right so maybe starbucks and boom right here 162 records is what uh is what shows up so um i'll show you what's what kind of appears uh here is uh what the goods and services are what the drawing code is serial number when it was filed the filing basis and what the current basis is when it was the published proposition what what the registration number is when it was registered the owner or the registered who the attorney of record is any disclaimers the type of mark which registers or is it alive or dead so so there's lots of information you can find out there on the trademark um electronic search system um you just gotta know what you're looking for and punch it in and out pup should uh show what you should be looking for okay this is dan now if you need help with your trademark pick up my book my and you um you'll learn more about trademarks than you ever wanted to know more about okay this is dan talk to you soon bye

Thanks for your comment Kortney Bevilaqua, have a nice day.
- Hortense Gualtieri, Staff Member

Comment by Chas

an important topic that i get asked about frequently is what information from my trademark filing will be public and i'll get to explaining why it's important but first i just want to say the easiest answer is to just presume that all of it will become public because there is a chance that pretty much if not all of it will be public and we'll get to the good side of that but obviously the bad side is that it's a risk there's addresses there's phone numbers there's emails there's names those things are part of the public record because you're filing with a public government agency that has a database and search engine that can easily access all of the trademark application information that's out there some of the specifics that are always going to be in the public record are the ownership of a trademark application whether it's a person or a corporation or entity or llc that will be in the record and somebody has to sign the declaration associated with the application that person's name and title will also be in the public record or in the documents that are part of the public record the address that's associated with the owner will be in the public record and there were some changes to the uspto rules in the last few years that actually require applicants to indicate a domicile address and not a p.o box or shared office mailboxes etc type of address however there is an option to mask the domicile residential or office address and have a separate public showing address that can be a po box but you have to know how to do that there's some nuance to it and then you want to make sure that the record of course accurately reflects what you intended to share and what you intended to mask phone numbers that go into applications are in the public record i never put an applicant or client's phone number into the public record if i can avoid it law firm phone number great no problem but because we know this information is in the public record and here's the real thing because we know that scammers are out there and they know that the trademark records are out there and contain this wealth of contact information putting phone numbers is not a great idea i mean there is some benefit to being able to have the examiner potentially pick up the phone and call call but the risks far outweigh that benefit and so i would never recommend putting an applicant's phone number into the public record the evidence of use that's filed in an application is also part of the public record so whatever evidence is filed whether it's a web page or a photo or a brochure or a flyer or an invoice or something applicants should know and be cognizant that that document is in the public records and it's fairly easy to search and find it and pull it so if it's appropriate and there might be times when you want to redact something in those evidence filings that are being submitted so those are the risks and the cautions and again it relates a lot to the scammers that are out there for the public information the flip side of that the benefit is that trademark applications and all of their contents are easily accessible and those are very useful sometimes when digging into the history of a registration or a business or a possible trademark dispute and being able to see the evidence and the documents and the addresses and the corporations and all of those things so there is a reason there is a benefit to them being in the public records but it's best to go into it knowing what will be there and why so you can use caution as needed one last tip just because of these cautions i would not recommend that you don't file for your trademark application if you have concerns about the information that might be public talk to an attorney work with them to address those concerns but do not let that stand in the way of taking advantage of the protections that come from registering a trademark

Thanks Chas your participation is very much appreciated
- Hortense Gualtieri

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