Trademark dispute search [Deep Research]

Last updated : Sept 15, 2022
Written by : Tawanna Pascascio
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Trademark dispute search

How do I find trademark cases?

Trademark Alert Use the Reading Room to search TTAB final decisions and precedential orders. You can search cases by date, issue, and other criteria. You can also search by language within the decision. Please send comments, questions, and suggestions to .

What is Ttabvue?

Welcome TTABVUE, the Trademark Trial and Appeal Board Inquiry System. Using TTABVUE, you can view a TTAB proceeding file by entering the proceeding number, or search for proceedings by application number, registration number, expungement/reexamination number, mark, party, correspondent.

Can I do a trademark search for free?

You may conduct a free online search of the USPTO database at the Public Search Facility (Madison East, 1st Floor; 600 Dulany Street, Alexandria, Virginia) between 8:00 a.m. and 8:00 p.m. USPTO personnel may not conduct trademark searches for the public. Private trademark search firms will conduct searches for a fee.

How do I appeal a trademark application?

An applicant for registration of a trademark may appeal to the Board from any final refusal to register its mark, and can initiate an appeal by filing a timely notice of appeal with the Board with the required fee. 37 CFR § 2.6(a)(18) sets forth the required fee.

Are trademarks public record?

Trademark applications and registrations are public records. Individuals and private companies may use this public information to create third-party access to these records.

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.

Can you appeal a trademark?

Opposing a published trade mark. Opposition is the legal procedure that allows you to try to stop a published mark going on to become registered. You can oppose the entire application, or only some of the goods or services it covers.

Who can oppose a trademark application?

According to Section 21 of the Trademark Act, 'any person' can oppose a trademark, irrespective of their commercial or personal interest in the matter. A trademark can be countered by filed by a customer, member of the public or competitor, or any other person.

What is the TTAB test?

The Trademark Trial and Appeal Board (TTAB) is a neutral body that functions like a court for trademark matters at the United States Patent and Trademark Office (USPTO). The Board's administrative trademark judges are authorized to determine a party's right to register a trademark with the federal government.

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 it take to do a trademark search?

Depending on whether you decide to consult an attorney, a trademark search can take anywhere from one day to a few weeks.

How do I know if a brand name is taken?

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.

Can a Cancelled trademark be revived?

How can you revive a canceled trademark registration? The USPTO will usually send a notice of cancellation or expiration. Within two months of the date of the cancellation/expiration notice, the registration owner must file a petition to revive with all the necessary requirements and fees.

How do you lose trademark protection?

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.

Why would a trademark be Cancelled?

There are several legal grounds that exist to cancel a trademark registration, including priority, abandonment (by non-use of at least three consecutive years together with an intent not to resume use), and fraud. There are additional grounds as well, such as priority of use and genericness.

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).

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.

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 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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Trademark dispute search

Comment by Adriane Quituqua

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 Adriane Quituqua, have a nice day.
- Tawanna Pascascio, Staff Member

Comment by brihtnostk

a new client called me last week they were shocked and saddened to learn that their trademark applications had just been opposed at the trademark office by a large corporation these type of trademark disputes are not uncommon in the lifetime of a business and a trademark there's you know a reasonable chance that one or more trademarks may encounter a dispute sometimes it's on the receiving end of a dispute as a defendant sometimes a trademark owner may have to take proactive action as the plaintiff or complainant in a dispute the most important thing in any such dispute is to have experienced trademark counsel there are many nuances of trademark law there are many varieties of trademark disputes there are many even forums of trademarks disputes it could be in state court it could be in federal court it could be at the trademark trial and appeal board or it could just be a negotiation between two companies without any court litigation in fact the great majority of disputes are settled prior to any sort of formal decision by any court and the terms of a settlement or resolution can take all different types of forms and styles and that's another reason that having experienced trademark counsel who knows the in and outs of such disputes and such resolutions is tremendously valuable if you find yourself facing a trademark dispute give me a call and let's discuss how we can help

Thanks brihtnostk your participation is very much appreciated
- Tawanna Pascascio

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