Searching for a trademark is the first step in getting your own trademark. Find out how to get started with this easy-to-follow explanation of how the registration process works, how much it costs, how long it takes and more.
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by Jane Haskins, Esq.
Jane has written hundreds of articles aimed at educating the public about the legal system, especially the legal aspe...
Updated on: June 20, 2023 · 3 min read
When you apply for federal trademark registration, the U.S. Patent and Trademark Office (USPTO) will search all registered trademarks and all pending trademark applications to see if there are other marks that are similar to yours (called a federal "direct-hit" search. The trademark office will refuse to register your trademark if it finds that there is a “likelihood of confusion” between your mark and another mark.
To minimize the chance that your trademark application will be refused due to a likelihood of confusion, it is a good idea to search the USPTO database for similar marks before you file your application or use a trademark search service. If you file an application and your registration is refused, the filing fee is not refundable.
A likelihood of confusion occurs when two marks are so similar that someone might incorrectly assume that different companies’ products or services come from the same source. A likelihood of confusion has two elements:
There are multiple ways that marks can be similar:
You can conduct a trademark search using the USPTO’s online Trademark Electronic Search System, also known as TESS. TESS contains all the trademark office’s active and inactive registered and pending trademarks. Here are some tips for performing a trademark search on TESS:
Because trademarks gain protection by being used in connection with goods or services, a trademark does not have to be registered with the USPTO to be valid. Some trademarks have “common law” protection, and others are protected by state trademark registrations.
If you want to uncover all existing uses of a trademark, and not just those that could prevent your trademark from being registered due to a likelihood of confusion, you can might choose to conduct a more comprehensive search, including records for individual states and search online for companies that might be using a mark similar to yours.
Ensure your proposed trademark is available with a comprehensive trademark search. In addition to searching pending and active federal trademarks, LegalZoom's service includes a search of state trademarks, corporate names, common law trademarks, Internet domain names, and more. Search results are compiled online for easy reference.
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