Can You Legally Register A Trademark That Is Already In Use

Yous can avoid legal trouble and countless headaches by beingness proactive to ensure yous don't infringe on another company's trademark.

Trademarks are valuable words and symbols that businesses use to identify themselves and their products and services.

Earlier you starting time using any trademarks in your concern, you need to know if a similar trademark has already been registered to someone else.

If information technology has, you can avoid a lot of trouble and create a stronger make by selecting a different trademark.

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Why a Trademark Lookup Is Of import

If you commencement a business organisation using a trademark that another business organisation has already registered, you won't be able to register that trademark for your business. More importantly, you risk being sued for trademark infringement.

A trademark infringement claim may mean a lawsuit that will toll tens of thousands of dollars and take months to resolve. Or, to avoid litigation, you may accept to modify your proper noun (and your signs, packaging, labels, and website) and spend additional money marketing your new identity. Conducting a trademark lookup before you start your business organisation can help you avoid these expensive and time-consuming bug.

If you plan to utilize for trademark registration, a registered trademark search can increase the run a risk that your application will be granted.

One of the principal reasons that applications are denied is a "likelihood of confusion" with an existing trademark.

There's a likelihood of confusion if two marks are similar and are used for related goods and services, such that the public might think that both came from the same source.

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

How to Do a Registered Trademark Search

Anyone can search trademarks for complimentary using the USPTO's Trademark Electronic Search System, or TESS. While it's relatively easy to search for direct name matches, trademark searches can grow complicated and you may want help to conduct a more than thorough search.

The purpose of your search is to unearth marks that are similar to yours and used on related goods or services.

Marks tin be similar without existence identical. For example, names may be similar if they expect alike or sound alike. The USPTO uses the example of "T.Markey" and "Tee Marquee" to illustrate similar names. When you check trademark status, await for alternating spellings and word endings, as well equally verbal matches.

It is possible to accept identical registered trademarks if the appurtenances and services are unrelated, such as Delta faucets and Delta airlines. Related goods and services are similar or commonly sold together, such as wearable and shoes, or coffee and donuts. Therefore, when you detect a like marker, y'all must also check to see if it has been registered for a related type of appurtenances or services.

Conducting a Trademark Bank check

To search the USPTO's trademark database, get to TESS and choose a search selection. 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, yous will first need to wait up your design code using the USPTO'southward Design Search Code Manual.

A TESS name search allows you to wait for plurals. Even so, the search will not automatically find words that sound like your trademark simply are spelled differently. This means that in society to observe similar marks, you will need to conduct multiple searches using as many variations on your proper noun as you lot can come up with. You can search for the exact name, or for any trademark that contains the words in your proper noun.

Each time y'all search trademarks, review the results for marks that are the aforementioned equally or like to yours. Make a list of the similar or identical marks, forth with data about the types of goods or services they are registered for.

And then accept note of whatever of the similar marks that are registered for goods or services that are like to yours. Consult the USPOs online Acceptable Identification of Goods and Services Manual for data about how to describe goods or services and the international trademark class they fall into. This can help y'all identify what types of goods or services are most closely related to yours.

Expanding Your Search and Getting Assist

Searching for verbal trademark matches is adequately piece of cake, but uncovering spelling and name variations tin exist much harder. Design searches also can be challenging.

A professionally conducted search tin relieve time and tin can give you more complete results than you might become on your own.

If your search uncovers a similar registered trademark, it can be hard to know for sure whether the similarity would defeat a trademark application or potentially pb to a trademark infringement claim. If you are uncertain, consult a trademark lawyer for communication earlier you invest fourth dimension and money in trademarking.

And recall that a USPTO trademark search will only uncover registered trademarks. It won't detect trademarks that have state or common police force rights that could bear upon your ability to apply your trademark in a detail locality. A more comprehensive trademark check will help yous find these marks and ensure that y'all tin can use and protect your trademarks with confidence.