How To Do a Trademark Search
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- เผยแพร่เมื่อ 27 ก.ย. 2024
- Have you ever wondered how to do a trademark search? Here is your complete guide!
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Registered USPTO patent attorney, J.D. Houvener from Bold Patents Law Firm, explains how to do a trademark search.
Below we have provided resources and timestamps with brief explanations for each step of each step to preforming a trademark search.
Quickly find what you are looking for by clicking on the timestamps below.
Timestamps for important areas of this video are located below along with a detailed blog article that I wrote that goes into this topic even more in-depth.
➡️ 2:35 Go to Trademark Database
✔️ Go to google and type 'Trademark Search' and click on the USPTO trademark database which is one of the top results.
✔️ You will find 3 search options.
➡️ 3:27 Basic Word Search Option
✔️ Things to consider when doing a basic word search.
➡️ 12:36 Word and/or Design Mark Search (Structured)
✔️ Things to consider when doing a word and/or design mark search
#trademark #brand #entrepreneur
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DISCLAIMER: Information in this video is not legal advice and should not be relied on as such. The law can change and the information in this video may be outdated, so you should always consult an attorney regarding your specific issues in view of the current state of the law. Schedule a free call here: calendly.com/b...
I love how you walked through this live!! Great information!! Thank you for sharing!
You are welcome!! Let me know if you have any other topics you'd like to hear about. Send to jd@boldip.com
@12:55 It's exactly how I feel every time I have to do a search on the "Welcome back to 1995" USPTO Website ahahha
Nice Video
Thanks, Becky! Let me know if there's anything else you'd like me to do a video on.
Very helpful and informative, I was having trouble understanding this on my own, thank you!
You're welcome, Victoria!
Stupid question, but I take I do a search and see someone did use it, but its dead, I can still use it?
Yes, provided that there are no other confusingly similar marks that are LIVE in the same classification.
Nevermind. I figured it out. Thanks
Can it be a trademark issue if 2 companies under the same industry, same class, have the first or last three letters the same? For example, Tobletoy and Tobliate?
It can be, only if the overall word/meaning would be confusing to a would-be customer. Based on a very brief search, I think those two names could co-exist without any confusion.
Trademarks in a nutshell alert consumers in the market to specific goods/services sought, so protection, as you point out, is limited to eliminating confusion regarding the market. Hence, if their is no overlapping market similar trademarks (may present copyright problems) but do not present a confusion problem. Anyone who has gone to the cereal aisle with a young child understands the importance of Trademark!
Right you are - thanks for the comment, A. Briggz. My favorite cereal is the Honey O's by Post. What's yours?
@@boldpatents Wheaties since I was a little squirt probably because Bo Jackson was on the box as an 80s kid.
Is there a way to filter the results? I did a search that yielded tons of results but from what I could see none of the results had the actual words that I searched.
Yes, you can use quote symbols around the words/letters you want to look for, also using boolean searching to include "AND" or "OR" can help as well.
Hi I want to check slogan availability. How can I do that? also I want to buy that trademark
You can check on your own at the trademark electronic search system (TESS), but it can be challenging. I'd encourage you to speak with a trademark attorney to give you an opinion on registrability based on how you are branding/selling your goods/services on the market. You can start with a free 15 min info session here: calendly.com/business-consultations/20p
i need attorney services for Trademark Registration.
Schedule 15 minutes with us to see if you are a good fit: calendly.com/business-consultations/am06-youtube
What if you want to use an acronym? Do I have to file for the acronym and what it means if I want to us it?
It's however you are using the word in your marketing/branding. For example, if you sell shirts under the "DAD" brand, even though it stands for "Dads Apparel Depot", your customers see "DAD" on the tag, and on your website, packaging, branding, so just those three letters is all you will want to protect initially.
@@boldpatents
And if u want people to know what "DAD" stands for so you put "DAD" Dads Apparel Depot on a mug or something, u would have to pay for both I assume?
@@afell11 Right, if you want customers to also know and recognize the spelled out version, then you'd need to get a trademark on those words as well. A good real-life example is Apparel Company Abercrombie & Fitch Trading Co. They have "A & F" registered (Registration #: 4756239) as well as "Abercrombie & Fitch" (Registration #: 4501962) [They have 20+ trademarks under that name for various classifications btw]
@@boldpatents
Dang it. I figured. Thank you. Don't know how much it costs but I'll look it up
@@afell11 No worries. If you need help, feel free to schedule a free session to learn more: calendly.com/business-consultations/am06-youtube
Thanks for this helpful video, which I hoped would be more detailed.
If a company trademarked one English word, for three industries or "classification", is it possible to use a phrase containing this word as business name in one of the three fields?
e.g.: someone trademarked "wave" in energy drinks classification with
Mark Drawing Code: (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS; and I want to get as business name "green wave" in the same classification (energy drinks), is it possible to do this?
You are welcome, Kenzy. The answer is likely not. Typically, modifying, or in this case, simply adding another word doesn’t materially change the potential for confusion. If you’d like a detailed/written opinion on this, I’d be happy to dig deeper on case law and have our trademark expert work on it for you. Shoot me a note at jd@boldip.com
@@j.d.houvener6868 Thank you
I want to trademark a phrase along with a picture I drew. How would i check this out?
A phrase already in existence? Use a service like CompuMark or Corsearch
The phrase would be a work mark, and the picture may be a design mark (also called a logo). The key here is answering the question: "Does this phrase or design represent your goods/services?" and if so, then trademark is the right area of law. If the phrase and design is just one version of your services (design or creative services), then this would be more copyright law (protecting your artistic creations). Sign up for a free 15 min screening session if you still have questions: calendly.com/business-consultations/am06-youtube
@@dbluehorsedeboe5567 If that phrase and picture will represent your brand, then you should proceed with trademark protection.
@@boldpatents . It's a 2 word phrase along with a picture for t shirts, hats. That will need a trademark and not a copyright?
@@dbluehorsedeboe5567 Then you've simply come up with a design. That is governed under copyright law. You can do that yourself here: www.copyright.gov/registration/. Or you can hire an attorney.
where do you see them during the opposition state ?
on uspto ?
Here: tsdr.uspto.gov/. You will need the application/registration/serial number.
@@boldpatents I’m nervous cause someone is messing with my business and took a similar domain name and I’m nervous they will try to trademark my business before me since I can’t afford it rn
@@DominusMain You can seek to find a trademark litigation attorney who works on commission. It may be difficult to find. Send me an email, I'll make a referral if I can: jd@boldip.com.
Is there another explanation of the step-by-step process of patenting a patent in USPTO, knowing that I am now registered in PCT
Here's a full blog article with links to video on how to file for patent protection.
@@boldpatents Thanks, where is the link?
@@abdelali4373 here it is: boldip.com/how-to-patent-an-idea/
Very cool. Thank you, sir. Is there another explanation in the form of a step-by-step method map, because I do not know English?
@@abdelali4373 I’d try the USPTO.gov. Their site may have translation.
If you are trademarking a slogan do you have to trademark the contractions too? Like if a slogan has "don't", do you have to trademark "do not" too?
However you and your company want to use the slogan is how you should protect it. If you get protection on the "don't" mark in the classes you desire - then you'll be able to prevent those that are attempting to use any sound-a-likes or confusingly similar marks, so "do not" will be confusingly similar, and the other party would be infringing. Email for follow-up: jd@boldip.com
I really wonder if Texas wine tours vs Texan wine tours would be in conflict since they have completely different meaning. But only off by 1 letter
That mark is likely too descriptive to be registrable on the principal register at the USPTO. Also, those two are too confusingly similar.
@@boldpatents
I guess I’m going to learn in court before too long 😂
How can you trademark or copyright ONE WORD???? I don’t get this. Eventually, a monopoly on every single word in the English language will occur. Making it virtually impossible for artists wanting to use text in a T-Shirt design to convey an expression in their work. For example, how can someone get away from copyrighting or trademarking the word LOVE, or the simple phrase BE KIND??? I hope I’m just misunderstanding the law. But if I’m not, attempts at protecting 1 - 4 or 5 words should be against the law.
The key thing to understand is that yes, companies can get a trademark registration for one english word, but it is likely only for one, very focused industry or "classification". This is why you can have both McDonald's hamburgers and McDonald's moving company. They are not competing, and therefore there is no market confusion.
Thank you
Per the example, if I'm understanding this correct, I couldn't legally use Dolfins+ another word if it were in same energy drink category. For example Blue Dolfins? Thanks.
Correct
@@boldpatents Yet "wifey" and "wifey material" are both registered TMs by different owners under IC25. That seems to contradict what you're saying.
@@derekstrahan2616 Well, for example, "Wifey" (Serial Number 90897476) is registered for International Class (IC33)" ...Bourbon; Gin; Vodka; Whiskey; Alcoholic beverages...", you can register the exact same name "Wifey" for different/non-confusingly similar class, which it is for "Wifey" (Serial Number 85210282) for International Class 016 "Series of fiction books; Series of fiction works, namely, novels and books".
@@boldpatents I understand that however that's not what what I was talking about. I was referring to the addition of a word to a trademarked word. "Wifey Material" ( serial #78703299) and "Wifey" (serial #87208558). Both are in the same International Class. Your response to the Doflins TM indicates that you could not add a word to TM word in the same international class otherwise you would be infringing on "Dolfins". So I don't see any difference with the Wifey example as both "Wifey" and "Wifey Material" are registered in the same IC.
@@derekstrahan2616I see what you're saying. I looked these up and I don't see the difference either.
Exactly what I needed to learn. Thanks guys!
You're welcome!
Thanks, but I didn't see what to do when they had no record of the chosen name or similarities. how to actually file? Somehow I missed that file tab.
Hey Suzanne, that's a little over my head, I'd like you to get with our Trademark Attorney, Matt Kulseth to clarify. You can email him directly at: matt.kulseth@boldip.com. Thanks for the comment!
Informative. And the grunts and yawns make me super stoked about my future in patent and trademark law.
Which law school you at?
Thank you for taking to time to provide this high quality education video!👍
For sure! Glad to help.
I saw that when doing the search you just typed in the word and then it automatically searched. It does not do that on my computer and thought there has to be a button like "search" but don't see one. That is what I was wanting to find out here but no such luck. The site USPTO site is awful and you can tell it was designed by the lowest bidder. Any help would be great.
Shoot me an e-mail, I’ll send you a reply with screenshots
Send to jd@boldip.com
This was really helpful thanks. One bit of advice would be to do a quick practice run before shooting the video so you don’t get nervous or make mistakes that you have to edit out. Keep it up! This stuff is so hard to find.
Thank you for the feedback! Glad you're here.
Thanks for the video. If part of the sentence you want to get a trademark for is already a trademark can you still get it?
Quite possibly! Especially if what you are trying to protect is in a different classification.
@@boldpatents thank you so much 😄
Is there a limit to how many words a slogan can be?
You’re the best dear thanks. Do you do search for people as well?
Can a phrase in language that is considered vulgar(curse words) be trademarked?
Generally, no. You cannot trademark a word that is considered offensive. There are some exceptions. You can talk to one of our specialists for free, if you'd like: boldip.com/contact
If, I use trademark logo in my own website then is it ok??please reply sir
Well, using your logo on your website is a great start. It will likely work for providing a specimen of use (proof that you are using the mark n commerce). However, you should hire a trademark attorney to give you an opinion as to whether your mark might be too confusingly similar to another's mark, to guide you on either registering the logo or making some changes to avoid infringement.