File a trademark - Free trademark search
SCREENING YOUR TRADEMARK
WE WILL SCREEN YOUR TRADEMARK FOR YOU - SO YOU DON'T HAVE TO DO THIS YOURSELF!
Just use the "Contact Us" form. Fill in the information about your proposed trademark, and we'll reply by email within 24 hours to let you know if it's a good candidate for registration.
Remember - we do it ALL for you. All you need to do is tell us your desired trademark.
BUT... lots of people have asked us how to do the screening themselves, so if you want to have a go, feel free! Sometimes they have lots of marks to try out, sometimes they just want to keep everything totally secret, and sometimes people are just interested; and we've got no problem with that! So if you want to try screening your mark yourself, we will show you how to do it on this web page.
Once you have selected a word (or words) you would like to use as a trademark (see CHOSING YOUR TRADEMARK), you can screen it by searching for trademarks and trademark applications that are spelled similarly or that look or sound similar. If you are also using a logo, don't worry about it right now, just search for the word. That's the main thing.
(1) Use the USPTO search system (TESS), then
(2) Search the internet.
We have set it out below, step-by-step....Good luck!
- Step 1. Search with USPTO's trademark database called TESS (the Trademark Electronic Search System) to see if any trademark has already been registered or applied for.
- Go to Go to https://www.uspto.gov/trademarks/search. In the box that says "Select a Search Option" and Click on the first option "Basic Word Mark Search (New User)".
- Just write the word you are searching for in the 'Search Term' field.
- Step 2. Now enter your mark in the Search Term field and click on Submit Query. Have a look at this example where we are searching for the made-up word "SUPERMARK".
- Step 3. You will then be shown the results of your search. Here we entered the word 'SUPERMARK'. Here are the results we found.
- Have a look at these results - we got 4 hits for the identical word 'SUPERMARK', but they are all 'DEAD'. That means they are no longer registered, so we are clear, and we can file this mark and try to register it ourselves.
Here is another example. We searched for the made-up word 'TRADEMARKY', and got these results. It's a direct hit, with just one record showing that 'TRADEMARKY' is registered as LIVE and is registered with the USPTO. You can see that the Goods and Services it's registered for are "Legal services in the nature of trademark monitoring." so we cannot use it and we have to try for another mark.
If there are no hits from your TESS search, you will get: 'No TESS records were found to match the criteria of your query.' That's very good, as it tells you that the mark you are looking for is not yet registered. BUT remember that this is not a guarantee of registrability. It may be that the mark cannot be registered for various reasons. So don't assume this is a green light. In fact, at the top of the search page on TESS you will see a clear warning that reads: "WARNING: AFTER SEARCHING THE USPTO DATABASE, EVEN IF YOU THINK THE RESULTS ARE "O.K.," DO NOT ASSUME THAT YOUR MARK CAN BE REGISTERED AT THE USPTO. AFTER YOU FILE AN APPLICATION, THE USPTO MUST DO ITS OWN SEARCH AND OTHER REVIEW, AND MIGHT REFUSE TO REGISTER YOUR MARK."
Now try TESS yourself. Make up a trademark word and search for it.
https://www.uspto.gov/trademarks/search
Once you have found your search results, you will need to carefully look at them to decide is there is anything that threatens your proposed mark, and if there is, how serious a threat it is. We recommend that if you find even a moderate threat, then you should seriously think about coming up with another potential trademark that has no red flags. It's a lot easier if you start with a mark that is totally clear.
Note that the USPTO is trying out a new version of their trademark search portal. It does the same thing as the TESS system, and it's very intuitive to use. Just enter the words you want to search for and hit the search icon. It could not be easier. It shows you the search results as a number of graphic panels.
(2) Now search the internet. Remember to spend lots of time and search for lots of variations - things that look or sound the same. When you find something that concerns you, take a close look at the goods & services it is being used for. If they are totally different from yours, then you may not have to worry. But if they are at all similar or related, or even if there is a small likelihood of confusion, then that's a big red flag, and you should probably think again about whether you want to use that mark. GOOD LUCK, and if you have any questions, just email us at tm@bell-iplaw.com. We will always be here to help.
And don't forget to check for Likelihood of Confusion!
LIKELIHOOD OF CONFUSION
Once you have found your search results, you will need to carefully look at them to decide is there is anything that threatens your proposed mark, and if there is, how serious a threat it is. We recommend that if you find even a moderate threat, then you should seriously think about coming up with another potential trademark that has no red flags. It's a lot easier if you start with a mark that is totally clear than to have to fight your way through trademark examination.
Remember that you should pick a mark that is fanciful, arbitrary or suggestive, and not one that is descriptive or generic (see 'TRADEMARKS' tab).
But even if you pick a great trademark that is FANCIFUL or ARBITRARY, it can still be rejected is it is likely to be confused with somebody else’s mark that is in use and was being used before your registration. This is called LIKELIHOOD OF CONFUSION (LOC) and is the most common reason for a mark being rejected, so you have to take it seriously. Once you file your trademark, the USPTO trademark examiner conducts a search for conflicting marks and this includes looking for LOC issues. Likelihood of confusion exists between trademarks when the marks are so similar and the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source. Have a look at the image on the right.
Important factors are (i) Similarity of the mark – the way it looks or sounds; (ii) Similarity of goods/services – are they similar, related or the same? (iii) Similarity of the parties' trade channels; (iv) The conditions under which sales are made to buyers (impulse or sophisticated purchasing decision), and (v) Evidence of actual confusion. So when you look at your search results, ask yourself - "Is a typical buyer likely to be confused?". If the answer is "Yes", then pick another mark. Here is a good example of Likelihood of Confusion.
OTHER FACTORS TO CONSIDER
Consider how well the public will remember, pronounce, and spell your trademark. Consider the availability of the DOMAIN NAME and similar domain names (.com, .net, .org etc). If you plan to market your goods or services outside the United States under the same trademark, consider whether your trademark has a different meaning when translated into a foreign language, particularly if the translated word could be considered offensive.
Once you have screened your trademark, we can file a trademark application to register it. If you have picked a good mark, the process should be trouble-free. Immediately after you file the application, you can and should use the "TM" symbol. After (and only after) it is registered or the Principle or Supplementary Trademark Register, you should use the "R" symbol.
TRADEMARK-QUICK (www.TM-Quick.com) provides online trademark filing services in the USA and is part of the long-established intellectual property law firm of Bell & Associates, based in San Fransisco, California: https://www.bell-iplaw.com.
With 20+ years of service, honesty & quality guide all we do. You can really trust us. It's as simple as that.