Is there such a thing as free trademark search? The answer can be a yes and a no, why? True enough there are a number of preliminary sites that you can access without any charge, but you're not aware the company's terms pertaining to service or product names.
You must do a comprehensive research before you can actually tell the availability of a name. What is a trademark? According to its definition, trademark is defined as a word or unique name, phrase, symbol, logo, image, design, or may be combinations of these different elements that distinctively identify the service or product you offer to customers; this distinguishes a particular company from their competitors. By means of a trademark registration, you can get government protection while you're doing your business. This is a trademark benefit that only registered companies enjoy. Another benefit is that no other company can use your name, or a similar name, nor offer products and services that are like yours. There are even times when the benefits enjoyed by a company extend beyond their chosen industry.
The Internet is widely used nowadays, and it is a great tool to make a free trademark search online. There are websites that you can visit to check existing trademarks if you want to apply for one on your own. Make sure that you plan for a unique trademark that will set you apart from the rest.
1. United States Patent and Trademark Office or USPTO – they have their own site where you can do some searches of Federal trademarks. While you're inside their site, check out the PT depository library and download it. You may also want to check the list of goods acceptable for identification. The site also contains other documents about the basic facts of trademarks. But the site is not that complete. In fact, you can't find a list of state trademarks, DBA records, newspapers, company directories, product announcements, and many other important papers. The site does not offer an intelligent search that gives emphasis on spelling variations, synonyms, word placement; you have to enter the variations manually.
2. State Secretary Website – depending on your state, you can find a searchable database by state online. Usually, this site doesn't include a list of federal trademarks, other state's listings, and a common-law database. If you can find a state site, you must determine if it's updated regularly and if it can intelligently search.
3. Yellow Pages – the users are allowed to make a nationwide search by entering the name of the business and make sure that you leave the remaining fields blank. Like the USPTO website, yellow pages don’t make intelligent searches unless you enter the variations.
Free trademark search online can be of great help for you. So take advantage of the free resources available on the net. Gather all important information that you might find useful. If after some time you're not satisfied with the result, then you can easily hire a private company or an attorney to make a thorough and detailed research.
If you want to file a trademark application, you can file this with USPTO. They will ensure that there is no existing trademark that is similar or looks just like your mark. But just a reminder, the USPTO office wasn’t organized mainly for applicants but for the existing trademarks. Their main objective is to search possible infringements in your filed trademark.
Securing a trademark application has certain roadblocks that you need to deal with, so while there is still time, do your homework and have that search done in time. By visiting the depository libraries, you can search existing trademarks manually. If you want to conduct an electronic trademark search, you can utilize TESS. Don’t forget to visit TARR to track your application's progress.
Expect that before your application will be approved, it will be subject to scrutiny. The USPTO will make sure that your application is unique and is not identical to the existing trademarks. The slightest resemblance of copyright infringement can send your application rolling to the trash bin. If you don’t want to encounter any problems with your application, make lots of free trademark searches and be prepared. This way, your application can be easily approved.
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Can you really carry out a search for trademarks without paying for it? Maybe, maybe not. There certainly are some sites on the Internet that offer some preliminary information which do not charge for the searches, but their terms and conditions may not be transparent.
What really is a trademark? It could be a word, name or symbol, especially one that is officially registered and protected by law, which a company or individual uses as identification on all the goods made or sold by them. It could also be a distinguishing characteristic or feature. When a trademark is registered, the owner gets legal protection to carry on business using that trademark exclusively. No other individual or organization can use the trademark or even anything resembling it without attracting penal action. With such significant advantages, it is best that one registers the brand one intends to trade under as a registered trademark. To do so, the first step is to conduct a search to find out if that particular trademark is available for registration.
A method that costs nothing is to use the Internet to search online. Trademarks already registered are listed on many sites. It is important that the trademark that you intend to use must be unique and which will not be already in use elsewhere.
- The official body that registers trademarks in the USA is the United States Patent and Trademark Office or USPTO. Their website is available for free downloads from their PT depository library. You can also check the site for availability of identifiable goods. This site however is not all exclusive. Other important information such as trademarks registered in the various states, DBA records and other necessary important facts are not available. The site depends on manual entries for variations such as synonyms, placements, variations in spellings etc.
- Websites of State Secretary. Most states have detailed databases made available online. These sites however, do not include details of federal trademarks, listings of other states and common-law databases. If you are visiting a state's website, do ensure that what you are looking at is an updated version and whether it can conduct an intelligent search.
- Yellow Pages. You can access their nationwide database by just entering the name of your business. There is no need to enter all other details asked for. Like the other websites, you will have to enter details of variations failing which the website does not conduct an intelligent search.
If you are not satisfied with the outcome of the search that you have undertaken without incurring any cost, you can always hire a professional who specializes in this work. Before that however, why not make use of the free facilities available?
An application for registering a trademark can be filed with the USPTO. They will conduct their own search to ensure that no other similar or look alike trademark has been registered. It is not the job of the USPTO to serve the applicants. Their job is to protect existing trademarks. They will do this by ensuring that no new trademark infringes on existing registered ones.
Considerable preparatory work needs to be done prior to applying for registration of a trademark. Depository libraries can be visited and manual searches for existing trademarks can be carried out. The same can be done electronically using TESS. After the application has been made, its progress can be monitored using TARR.
Before any trademark is registered, the USPTO has to ensure that existing registered trademarks do not stand to get infringed by your new application. If there is the slightest chance of this happening, the application is likely to be rejected. To avoid such an outcome, it is best that you conduct your own free trademark searches before you submit your application for registration.
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