how to check for trademark [Solved]

Last updated : Aug 5, 2022
Written by : Olympia Torbus
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how to check for trademark

How do I check if a trademark is registered?

  1. Click on the trademarks tab and then click on public search.
  2. There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.
  3. On selection of each criterion, the keyword fields change as listed below:

How do I know if a product 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. Check state trademark databases.

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.

What is difference between trademark and registered?

What is Trademark vs. Registered? The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).

What is the difference between the R and TM?

You do not have to have registered a trademark to use it and many companies will opt to use the TM symbol for new goods or services in advance of and during the application process. The R symbol indicates that this word, phrase, or logo is a registered trademark for the product or service.

How can I tell if a logo already exists?

To search the USPTO's trademark database, go to TESS and choose a search option. If you are searching for a name, you can use the trademark name search. If you are searching a design mark, such as a logo, you will first need to look up your design code using the USPTO's Design Search Code Manual.

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 much is a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it's not a bad idea to use a lawyer or filing service.

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

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.

What is trademark number?

A trademark number refers to the serial number, since all trademarks, including unregistered ones, will have that as soon as they are filed.

What is trademark certificate?

A certification trademark is "a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other ...

Can I put a 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 I use trademark without registration?

Unlike other legislation of various different countries, registration of a trademark is not mandatory in India. An unregistered trademark is also protected and has certain benefits. However, an unregistered trademark does not possess the statutory right of infringement.

Can I use TM without registering?

The symbol lets consumers and competitors know you're claiming the trademark as yours. You can use “TM” for goods or “SM” for services even if you haven't filed an application to register your trademark. Once you register your trademark with us, use an ® with the trademark.

What does C mean in logo?

Copyright: ©. When you write a "C" with a circle around the letter, or use the word "copyright," you are giving notice to the public that the work is copyrighted and that you are the owner of the work.

Can I use R in circle?

Okay, let's start with an R in a circle. It means a registered trademark. When you register your brand as a trademark, you can but are not required to place an R in a circle next to your brand.

Can two companies have same logo?

No, two companies cannot have the same logo. A logo is a unique identifier for a company, and it cannot be used by another company.

What if my logo is similar to another?

If another business in the same or related category is using a logo similar to yours, they are infringing on your trade mark rights. The legal options available include: sending a letter of demand; and. taking court action.

What are the three types of trademarks?

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

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.

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how to check for trademark

Comment by Marquis Gruntz

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 Marquis Gruntz, have a nice day.
- Olympia Torbus, Staff Member

Comment by Laree

hello in this video we're going to explain how to do a quick trademark search at the United States Patent and Trademark Office website before you invest much time or money in a new business or product name you should perform a quick search to find out whether any competitors have registered a similar name here's how you do it let's say you have a new clothing line and you want to name it hooligan so we'll start by going to the US Patent and Trademark Office website WWWE tio gov click search marks then choose word and/or design mark search also known as structured search you should get a screen that looks like this enter your mark or your business name on the left where it asks for search term that's where we'll type in hooligan and then choose basic index from the drop down field menu on the right next lists a generic term for your goods or services we'll try the term clothing then choose goods and services from the drop-down field menu choose and from the operator drop-down on the right that's important click plural so your search will turn up hooligans as well after you click Submit you'll get a list of trademarks on the column on the right you'll see designations for live or dead dead marks are inactive we're concerned with live marks live marks refers to registered trademarks those are the ones with registration numbers and applications for registration for trademarks you can tell them because they only have serial numbers click on the record to learn more about the competing use of the mark here we see that this company has received a registration in 2006 for various types of clothing therefore we'll be unable to register the same mark for the same Goods and hooligan has been knocked out as a trademark choice if you want to see all the uses of your mark in business not just in your field of goods go back to the home page click search marks and choose basic wordmark search new user and enter your mark and that will give you all the businesses that use the mark for example here you see all the businesses that use hooligan not just clothing businesses usually you only need to be concerned about direct competition but sometimes especially when it comes to a famous mark you should be concerned that that company may expand into your field so that's all it takes to do a quick trademark search at the United States Patent and Trademark Office website

Thanks Laree your participation is very much appreciated
- Olympia Torbus

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