Other resourcesĭepending on what trademark material you are looking for, there are a number of different areas to perform a Search: Design Search Code
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See the why hire a private trademark attorney webpage to learn more about what an attorney can do for you and how to find one.įor more information about conducting a clearance search, please watch the news broadcast-style video titled “Searching” (video #3 in the Trademark Information Network (TMIN) series). If you are a foreign-domiciled applicant, registrant, or party to Trademark Trial and Appeal Board proceedings, you must be represented at the USPTO by an attorney who is licensed to practice law in the United States. Therefore, we strongly encourage you to hire a U.S.-licensed attorney who specializes in trademark law to guide you throughout the application process. We can’t advise you on how to do a clearance search for your mark, do one for you, or interpret your search results. There are many factors to consider in determining likelihood of confusion. However, deciding what to search for and interpreting your results can be complicated. If you are an applicant, registrant, or party to Trademark Trial and Appeal Board proceedings domiciled in the United States or its territories, you are not required to have a U.S.-licensed attorney represent you at the USPTO. We may find a conflicting mark or another legal issue that bars your registration. Although this includes doing our own database search, there are many considerations. We will carefully examine your application to see if your prospective trademark meets the requirements for federal registration. Check other sources, such as state trademark databases and the internet. There may be trademarks that are not in our database that have rights over yours. Searching is only one part of a thorough clearance search. Searching for conflicting marks before you apply is called a “clearance search.” Include other sources in your clearance search Search our trademark database (TESS) What to expect Used on related products or for related services, andĪ trademark that meets all three criteria will prevent your trademark from being registered because it creates a likelihood of confusion.Transferring ownership / Assignments helpīefore you apply, you should search the USPTO's trademark database ( Trademark Electronic Search System, or TESS) to see if any trademark has already been registered or applied for that is:.International intergovernmental organizations.Enforcing your trademark rights/trademark litigation.
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Checking registration status & viewing documents.
Checking application status & viewing documents.Madrid Protocol & international protection.
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