How do you find out if you can trademark a name?

How do you find out if you can trademark a name?

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 at and choose “Search.” Then follow the instructions you see on the screen.

How do you make sure your trademark is approved?

  1. Steps to Speed the Process.
  2. Step 1: Choose a Strong Mark.
  3. Step 2: Choose a Mark That Isn’t Confusingly Similar to Another Mark.
  4. Step 3: Begin Using Your Mark in Commerce As Soon as Possible.
  5. Step 4: Submit a Complete and Accurate Trademark Application.
  6. Step 5: If You Receive an Office Action, Respond Promptly and Thoroughly.

Are there any products that can not be trademarked?

These typically cannot be trademarked because they don’t give the consumer a distinct idea. However, terms can become synonymous with each other for trademark, such as a tissue and Kleenex. Arbitrary and Fanciful Terms. These are the best types to trademark because they have an obvious distinction from other products. Suggestive Terms.

Can a trademark owner claim likelihood of confusion?

In addition to claiming likelihood of confusion, a trademark owner may claim trademark “dilution,” asserting that it owns a famous mark and the use of your mark diminishes the strength or value of the trademark owner’s mark by “blurring” the mark’s distinctiveness or “tarnishing” the mark’s image by connecting…

What should I do if someone tries to trademark my Name?

Typically, trademark owners take advantage of trademark monitoring services that alert them when someone is trying to register a similar trademark for similar goods and services. They, along with their trademark attorneys, will look at the mark to see if would potentially hurt their trademark registration.

What do you need to know about trademark infringement?

To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are “senior” to the defendant’s), and that the defendant’s mark is likely to cause confusion in the minds of consumers about the source or sponsorship…

Where can I get help with a trademark?

Trademark Assistance Center. The Trademark Assistance Center (TAC) is the main support center for all customers, from first-time filers to legal professionals and experienced trademark applicants.

Where can I find the USPTO trademark database?

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. A TESS name search allows you to look for plurals.

How to check if your business has a trademark?

A U.S. Patent and Trademark Office (USPTO) trademark lookup will identify similar and confusing marks, giving you a chance to choose a different mark before you spend hundreds of dollars on nonrefundable trademark application fees or thousands of dollars branding your business.

Do you need an attorney to apply for a trademark?

The trademark application process is a legal proceeding governed by U.S. law If you are a foreign-domiciled applicant, you must have a U.S.-licensed attorney represent you at the USPTO.