Check for trademark registration [Expert Approved]

Last updated : Aug 7, 2022
Written by : Shirlene Kaufman
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Check for trademark registration

How can I check if a trademark is registered?

Log in to the official website of trademark registration in India: Click on the trademarks tab and then click on public search. There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.

How do you check if a business name 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.

How do I check a trademark number?

Step 1: Visit the IP INDIA website and log into it. Step 2: On the left-hand side of the panel, click on the very first option that reads 'Trade Mark Application/Registered Mark'. Once selected there are two options that appear, You need to click on the option 'National IRDI Number.

How do I find out if a brand name already exists?

Before you apply, you should search the USPTO's trademark database (Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is: Similar to your trademark. Used on related products or for related services, and. Live.

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 long does 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.

Can two companies have same name?

A company applying for incorporation is also required to ensure that no identical trademark and/or domain name is already registered in the same name. While conducting availability searches for trademarks, many proposed marks get rejected because of similar existing company names.

How do you check if something is copyrighted or trademarked?

After conducting a general search for your mark, visit the United States Patent and Trademark Office (USPTO) website, This is a reliable and well maintained government website that will allow you to perform limitless searches for the name you want to trademark.

How do you trademark a name?

  1. Decide on your unique brand name and logo.
  2. Conduct an online search.
  3. Fill-in the trademark application.
  4. Filing for the brand name registration application.
  5. Scrutinizing of your brand name registration application.
  6. Publication in Indian Trade Mark Journals.

What do I do if my brand name is taken?

You can ask another company to transfer their name to you...but unless you have a carrot (money) or stick (a strong legal basis for a lawsuit) to offer, you won't likely get very far. Secretaries of State generally register names on a first come, first served basis, so if you came in second, too bad.

How much does it cost to get a name trademarked?

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 names Cannot be trademarked?

  • Proper names or likenesses without consent from the person.
  • Generic terms, phrases, or the like.
  • Government symbols or insignia.
  • Vulgar or disparaging words or phrases.
  • The likeness of a U.S. President, former or current.
  • Immoral, deceptive, or scandalous words or symbols.
  • Sounds or short motifs.

Can I put TM on my logo?

You can claim a trademark on anything by using the TM Symbol, but you can't use the registered trademark symbol (R) unless you have registered the trademark with the US Patent and Trademark Office.

Can someone steal my trademark?

Even after your trademark application has been approved, people can challenge and steal your intellectual property, using legal means. The reasons this is possible is that approved trademarks do not come with absolute ownership.

What are the three types of trademarks?

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

Can I change my trademark name?

Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered.

How many times can you renew a trademark?

There's no limit to the number of times you can renew your trademark. You can and should continue to renew your registration every 10 years, as long as you're still using the trademark in commerce and in the ways described in your registration. With continued renewal, your trademark can conceivably last forever.

Is it worth trademarking a name?

Protect Sales: Registering your business name for a trademark protects your sales by preventing consumer confusion. For example, if another company uses the same or a similar name to yours and sells a similar product, customers might think they're buying from you instead of your competitors.

Can you use the same trademark name as someone else?

You should search the Internet and federal and state trademark databases, at the very least. You should not use the name if someone in your field or a similar one is using it. You may be able to use the name if someone in an unrelated field is using it, but you should try not to use similar logos, styles, or colors.

How do you violate a trademark?

Breaking Down The Elements. To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff's consent.

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Check for trademark registration

Comment by Macie Demay

when you create a new business or product or service one of the first things that you're going to do is create a name for it but you want to make sure that you don't go to all the time and effort of creating that name only to find out later that someone else has already registered that name as a trademark so what I'm going to do today is show you a really handy website that you can use where you can check to see if that name or even logo design has already been registered by someone else so let's go over to the computer and I'll show you that site ok folks so this is the website I'd like to take a look at with you today it's the World Intellectual Property Organization website and the address is WIP all dot I n T so if you go to that website address you then will have this page we then need to click on knowledge in the menu and global brand database we want to then click on access the global brand database so I want to do today is I want to show you how to do two simple searches using this database a name search and an image or local search we're going to search for a fictitious company that I'm setting up called a red squirrel and it's going to be a design company so to search for any businesses which have the name red squirrel it's really straightforward you just go to the text area and you type in red squirrel we are also going to put into the goods and services that it is a design service and we just hit search and this is the results that we get so we can see here we've got Red Bull we've got ones just called squirrel and we've got green squirrel we've got purple squirrel we've got design squirrel lots of them here but we do not have red squirrel so it would be okay on the name with that so which is great that's exactly what we want the next thing that we can do is we can actually do an image search to see if there are any logos out there with squirrels in them say we had an idea for a squirrel logo so what you want to do is you want to clear your current search which you can see here you just click on the little checkboxes and that clears the search so we do is you go to the image class section and we typed in squirrel and you'll see on this drop-down it gives us two choices we've got just squirrels or we can have a group so squirrels chipmunks animals which are similar for us we just want to do a search on squirrels today so if you click that you'll see that it changes it into a specific number in the database then you click search and it gives us results 123 pages of 30 results each page of squirrel logos so you can actually have a browse through all of these to see what squirrel logos have been registered as trademarks that will allow you to develop your own mobile concept around a squirrel idea or image and not infringe on an existing one which is in the trademark database and that's it it's really simple to use and it will just give you a little bit more peace of mind that you can use the name that you're thinking of or if it's the other way around it stops you from wasting time and resources pushing forward with a name or a logo design that at the end of the day you're not going to be able to use because someone has already registered it as their intellectual property so they are folks that's the WIPO website it's a great way to do kind of a surface level check just to see if anyone's registered a name that you're thinking about using I would always suggest though that you hire the services of a professional IP lawyer they will do a full and thorough check for you to make doubly sure that the classification that you want to register that Niemann is free if you've liked this video and find it useful I'd really appreciate it if you could share it with your friends and colleagues on social media or by email make sure to give the video a thumbs up subscribe to the channel if you haven't done so already um when you do make sure you click on that little bail icon and you'll be notified whenever I release a new video so until I see you next time stay creative folks

Thanks for your comment Macie Demay, have a nice day.
- Shirlene Kaufman, Staff Member

Comment by Buck

thirsty have you heard of this brand before it's called vitamin water that's what people know it as right but take a closer look at the label right the word zero on there hmm with little indication that says tm that means trademark now who owns the brand as it turns out it's this little company that they put in here called glacio all this difference between a company brands and all this is going to be key for your understanding how to protect your company moving forward did you know that trademarks protect your brand and improve your business's reputation but first you have to ensure you're not infringing on someone else don't put yourself in a position for legal battle that you will surely lose hey everyone i'm jd hoovener registered patent attorney with the uspto and managing partner ceo here at bold patins law firm today i'll be talking about how to do a trademark search for registered trademarks hi everyone chris maley from bold ip here today i'm going to show you how to search for trademarks on the uspto trademark database it's important to note that unlike patents and copyrights trademarks last indefinitely so there's a lot of names and different types of trademarks already out there so it's important to you know kind of search for your trademark before either you already start using the mark in commerce and then you find out somebody else is using it and after they may send a cease and desist letter to you or you just go ahead and file a federal trademark and then you get rejected because there's already names out there that are kind of similar to yours so let's see so for a trademark they look for other marks that are confusingly similar to your mark so that just doesn't mean you have the same name and also has to be you know maybe in the same market maybe the same channels similar customers they look for that as well as similar sounding names similar looking logos and things like that so first you can just go to google type in trademark search go down here to the first official one to the and then you just want to search the trademark database there's three types of searches here basic word search word and design mark search and word and design mark search free form uh you know we can look at all three but basically when you file a trademark you either file it as a standard character mark so think of it as name like mcdonald's nike starbucks uh just the actual word then you can have stylized characters um cursive things like that and then you can also have a logo for instance the nike swish logo the starbucks mermaid the mcdonald's arches and other similar things but on this website you can kind of search for everything and it's actually pretty easy to navigate so let's click on basic word search um so like we were talking about you can just type in you know anything so let's see you know if you're trying to file a trademark for dolphinwave just go ahead and type in dolphinwave right in there uh and that's a good sign you know there's nothing there but you can also search for you know just dolphin and then numerous uh trademarks come up about 895 of them so let's see we have sweet dolphin dolphin safe dolphin house dolphins uh blue dolphin i mean this is a lot but of course you have to remember that it has to be in a similar classification or at least overlapping goods for yours so you might be selling dolphin wave as a wine and then somebody has it as a children's toy uh you know that might not affect your trademark because it's so dissimilar in the category of business that it wouldn't have an effect on your trademark and no there would be no actual confusion between consumers for those type of products but let's go ahead and look at you know the first trademark here sweet dolphin um so you can kind of see get a good feel for it sweet dolphin for washcloths bath towels this is the standard character market we were just talking about the name it was filed in december 23rd 2019 and it was just published for opposition so starting off i guess it's important to discuss you know what you're seeing here um here's the serial numbers and that's just the number you know so you can go ahead and search it also on this website the name the status of it and if it's live or not and if it actually has registration number that's means it's actually been registered so let's go ahead and click on dolphins you can see dolphins and this is for design plus the words and letters so dolphins you see an actual dolphin and then the letters d-o-l-f-i-n-s and you can see it's a word mark ii for dolphins here's the goods and services is for energy drinks energy drinks with enhanced coconut water beauty beverages fruit juices energy drinks and just uh you know things similar to that you can see the date of first use in commerce 2019 1101 so it was 2019 november 1st and then here's the design search codes for dolphins bands you know letters and here is the filing date they actually went ahead and filed it on august 5th 2019 and the current basis is now that it has a specimen so when you file a trademark it's important know that there's two ways to file a trademark you can use intent to use which means you know i really want that name um so let's go ahead and file it but i'm not actually using it in commerce or you can already show that you're using commerce and there's already a specimen out there that shows it you know that's either you know if you're a restaurant it's a menu if you're a business it's you know maybe your business cards pretty much anything that just shows your mark in combination with the logo or it shows your combination the mark with the services provided so for instance right if dolphins was on the actual energy drink that would be good enough to show that here is the name in combination with the actual products that it's providing so after that so what happens at the federal trademark database is that they search for any confusingly similar federal trademarks and like we were saying that's anything similar to the product um okay so where were we so when you file a trademark the federal database only searches for confusingly similar federal marks and so that's what happens during the first period they'll come back and they'll say did we find anything that was confusingly similar to your mark if not then you go into the next step where it's published for opposition when it's published for opposition anybody with a vested right can search for the trademark and then say i've actually been using that name or i'd be detrimentally affected so for instance when kylie jenner filed kylie for various uh uses kylie minogue objected that because she's been using the name kylie and even though she doesn't have a trademark she felt like she was detrimentally affected by that um if nothing happens during the publish publication for opposition if nothing happens during the opposition period which is usually the last one month then the trademark is granted which you can see down here march 3rd 2020 so that was really recent but you know you can take a deeper dive in there too so let's say you know you were filing for a trademark very sim

Thanks Buck your participation is very much appreciated
- Shirlene Kaufman

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