Trademark registration name availability [Definitive Guide]

Last updated : Sept 6, 2022

Written by : Lou Fritter

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Trademark registration name availability

How do I check availability of a trademark?

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

How do you check if a brand name is already registered?

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.

Can I put TM on my name?

If the name is a personal name you may use it a trademark, as long as a namesake does not beat you to the punch, meaning that your proposed personal name would not cause a likelihood of confusion with a similar name already in use for related goods or services.

How do you tell if a word is trademarked?

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.

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 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 make sure my brand name isn't taken?

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. In addition to checking the federal trademark register, it's a good idea to check your state's trademark database.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

What is a dead trademark?

â€œA 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.â€

Can I use R in 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.

What names can you not trademark?

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 copyright my name?

No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, TrademarkAssistanceCenter@uspto.gov or see Circular 33 "Copyright Protection Not Available for Names, Titles, or Short Phrases".

Can two words be trademarked?

A word, which is merely descriptive of applied services or products, cannot be registered in the US, as well as in any other country of the world. This is a general rule, however, can 2 merely descriptive words be registered as a trademark? As appears, the answer is yes.

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.

Do you have to pay to use a trademark?

You may receive trademark permission without having to pay anything. Some companies choose to allow their trademarked logos and symbols to be used for free. But this practice is less common, and most trademark permission comes at a cost.

What are the three types of trademarks?

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

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.

Can you buy a trademark?

Question: Can you purchase a trademark? Answer: Yes, you can purchase a trademark from another person or entity. Trademarks are a form of intangible property that can be sold and bought, just like real estate.

Can 2 businesses have the same name?

Can Two Companies Have the Same Name? Yes, however, certain requirements must be met in order for it to not constitutes trademark infringement and to determine which party is the rightful owner of the name.

What happens if someone else trademarks my brand name?

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.

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Comment by Irvin Bouy

Thanks for this great article

Thanks for your comment Irvin Bouy, have a nice day.
- Lou Fritter, Staff Member

Comment by sxylilanjel4uz

Thanks for this interesting article

Thanks sxylilanjel4uz your participation is very much appreciated
- Lou Fritter

About the author

Lou Fritter

I've studied computer architecture at California Institute of Integral Studies in San Francisco and I am an expert in scholasticism. I usually feel moody. My previous job was bus boy / bus girl I held this position for 11 years, I love talking about checkers (draughts) and jewelry making. Huge fan of Zac Efron I practice cheerleading and collect books.

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