How to do a trademark search in the US?
Performing a United States trademark search is one of those steps that a business conducts to protect its brand by ensuring that a mark exists and is available under the law. Here is how a United States trademark search should be done:
- Scope Determination: Determine precisely which name, logo, or phrase is to be registered. For example, think about similar-sounding names, different spellings, and related categories.
- Search the USPTO Database: Go to the United States Patent and Trademark Office's electronic search system called TESS, for Trademark Electronic Search System. It provides free access to records of trademarks.
- Basic Search: Begin with a simple search by keywords related to the mark to be adopted. This is done using exact terms, similar words, and partial phrases to broaden the search area.
- Refine the Search Criteria: Employ advanced search options, like Boolean operators, to combine keywords. Narrow down by trademark categories (International Classes) relevant to the product or service.
- Analyze Similar Trademarks: Go through the search results carefully. Note the trademarks that sound similar, look similar, or mean something similar, as these are potentially problematic legally.
- Consult a Trademark Attorney: The attorneys can do a thorough search and advise on risks and strategies for registration.
- Consider International Search: If the brand will operate globally, search international trademark databases like the World Intellectual Property Organization Global Brand Database.
- Document the Findings: Keep records of the search results and findings for future reference.
By following these steps, businesses can minimize legal disputes and strengthen their brand identity. A thorough trademark search ensures brand protection and market competitiveness, helping businesses expand successfully with One IBC USA.