Trademark public search [Best Info]

Steps to Check for a Trademark Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in. Click on the trademarks tab and then click on public search. There are 3 search criteria available – Wordmark, Vienna code, and Phonetic.

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.

In India trademark database, you can perform a search only using a single class at a time. You can perform the wordmark search using any prefix method "Starts With", "Contains" or "Match With". A search with a keyword in "Starts With" option and the result will show all the trademark starting with the searched keyword.

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

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.

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.

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.

1. First, one has to do a class search, from the official website of the government, (https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx).
2. Second, one has to conduct a name search on its official website.
3. The third, step is to run a word-mark search.

“A dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.”

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).

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.

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.

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.

Trademark Registration Then, the owner can face a lawsuit for using the same name as someone else even if the second party registered a trademark for the company after the first owner created the company. These situations usually require the services of a lawyer to both understand and pursue.

If a company registers a company name or a domain name which is identical or similar to a registered Trade mark and provides similar goods or services, the owner of the registered Trade mark may be entitled to bring an action for Trade mark infringement, even if the company has incorporated its name, or secured the ...

• 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.

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.

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.

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

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.