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Trademarks

Trademarks Searches for patents and trademarks are advisable since they can save the applicant time and money. Searches may be conducted at the U.S. Patent and Trademark Office in Arlington, Virginia, by visiting the U.S. Patent and Trademark Office Web site at http://www.uspto.gov, or at Patent and Trademark Depository Libraries (PTDLs) nationwide. Click here to locate PTDLs in Florida  or click here to locate a PTDL near you. A Brief Guide to U.S. Trademark SearchingSearch the:

TRADEMARKS REGISTRATIONS and TRADEMARKS PENDING CD-ROM discs or search TESS at UPSTO

using the WORD MARK & MARK COMBINED  SEARCH fields. Search alternative spellings and phonetic equivalents, and use both key word and browse searching. Designs may be searched by using Design Search Code(s).

Determine the class(es) for your product/service using:

BASIC FACTS ABOUT TRADEMARKS. You  can order a free copy by calling 1-800-PTO-9199, option 4, then 1.

The classes are listed inside the back cover. Application forms are also included.

Now search the weekly:

OFFICIAL GAZETTE: TRADEMARKS

for all issues following the date when the TRADEMARKS PENDING cd-rom ends. Search under Marks Published for Opposition, Section 1, in its entirety, and, Section 2, using your class number(s). You should also check:TELEPHONE DIRECTORIES, BUSINESS  DIRECTORIES, TRADE PUBLICATIONS, used.  FLORIDA CORPORATIONS AND TRADEMARKS ONLINE THROUGH SUNBIZ. to see if your word or phrase is being used. Common law rights do exist even though the word or phrase has not been registered or applied for. Lastly, if you are a Broward County resident, you may request to have an:

ON-LINE SEARCH

performed to update your search. If so, please list all variations of the  mark and the international class(es) to be keyed in.

Please click here for additional information on conducting a Trademark search at a PTDL.

Please click here for a tutorial on How to Research U.S. Trademarks on the Web.

Note that if a trademark is not found in the database, it does not necessarily mean that the trademark is available for use. In most of the U.S., trademark rights are conferred by use and it is not necessary to register a trademark, although registration does offer a certain amount of protection. If no similar mark has been found in this database, further searching is recommended. A more exhaustive search of state registrations, industry and trade association directories, phone books, and other sources of common law trademark and trade name information should be initiated.

Staff are available to assist in the use of these materials, but will not perform a trademark search nor offer advice, interpretation or opinion regarding the registrability of a mark.

The more searching you do the better the indication you will have as to whether your word or phrase is available to be used/registered. You may wish to consult an attorney before applying for a trademark. Conducting a Trademark Search at a Patent and Trademark Depository Library (PTDL)

 1. Trademark Acceptable Identification of Goods and Services Manual (Available in paper, CD-ROM or on the USPTO Web)  

Begin with this alphabetical listing of acceptable terms for the identification of goods and services. Locate terms that describe your good or service. For example, "flying discs" is the acceptable term for a flying saucer-type toy. Note the international class number listed next to each term. Also identify terms for goods and/or services that are used, advertised or sold with your product. For instance, peanut butter is sold and used with jellies and jams. Finally, check for deleted terms that may be related to your good or service.

 2.  International Schedule of Classes (Available in paper, CD-ROM or on the Web)

Scan the schedule for additional classes that are related to your product or service. For instance, if your product is income tax preparation software, Class 36 would be related because it includes services related to insurance, financial affairs, monetary affairs and real estate. The schedule is located on the back cover of the Basic Facts About Trademarks booklet.

 3.  Trademark Manual of Examining Procedure (TMEP) (Available in paper, CD-ROM or on the USPTO Web)

Review Chapter 1400 for the appropriate class scope notes in order to confirm the terms and classes you have chosen. For example, Class 8 (Hand Tools) includes cutlery but not surgical knives, which are in Class 10 (Medical Apparatus), or fencing weapons, which are found in Class 28 (Toys and Sporting Goods).

 4.  Design Code Manual (Available in paper or on the USPTO Web)

If your mark incorporates a design or logo you must search for trademarks that might be confusingly similar. Use the index in the back of the Design Code Manual to locate the appropriate six-digit code for each design element in your mark. For example, a logo depicting an eagle would be coded 03.15.01. Each element in a logo is assigned a design code. Carefully review the guidelines for each category.

 5.  Trademarks REGISTERED and PENDING CD-ROMS or the Trademark Electronic Search System (TESS) (Available on CD-ROM or on the USPTO Web) Conduct the search combining your word mark or logo with the terms, classes and design codes you've identified in steps 1-4. Remember to search for alternate spellings, phonetic and foreign language equivalents, synonyms and homonyms. For example, SNOW BRITE, SNOW BRIGHT, SNO-BRITE, SNO-BRIGHT, SNOW WHITE, etc.

6.  TARR Trademark Status Database (Available on the USPTO Web only) Finally, check TARR, the Trademark Applications & Registrations Retrieval system, for the current status of the marks you found in Step 5. Records in the Web trademark databases are linked directly to their TARR equivalents. The TARR database is updated daily at 5 a.m. and contains important trademark application and registration information not found on CD-ROM, the Web or in the Official Gazette. How to Research US Trademarks on the Web (Adapted, with permission, from the Guide from the University of Central Florida Patent and Trademark Depository Library's website)

US Trademark Electronic Search System (TESS) contains the records of pending and registered US trademarks. TESS also includes the records of dead US trademarks since January 1, 1984. TESS does not include common law, state, or foreign trademarks. The fact that a mark is not present in the TESS database does not necessarily mean that the mark is not currently being used as a trademark. The date of last update for TESS is indicated on the search screens. The search strategies presented in this handout are preliminary and should not be considered comprehensive. It is strongly suggested that you read all help screens in TESS to learn about additional search techniques.

If you have any questions regarding the adoption or use of a trademark, it is strongly recommended that you consult an attorney.

Instructions for Searching the Trademark Electronic Search System (TESS)

1.  Point your browser to http://www.uspto.gov/web/menu/tmebc/index.html and click on the search icon.

2.  Click on Structured Form Search .

3.   From the two drop-down menus below Title Field select Basic Index (combined MP+PM+FM) and Translation  Index

4.   From the drop-down menu below Operator select OR.

5.   From the drop-down menu to the right of Plural select Yes. Selecting Yes will expand your search to include s or es endings of words.

6.   In both Search Term boxes below, type in your search terms, enclose them in quotation marks, and click Submit Query

Search Tips

• "Red Dog"
  • Search terms enclosed in quotation marks are searched as a phrase. For example the search "Red Dog" will only retrieve trademarks containing the phrase Red Dog. This search yielded 28 results at the time it was done. Results may vary depending on when search is done.

• Red and Dog
  • Search terms separated by AND retrieve only trademarks containing both words. For example the search Red AND Dog will only retrieve trademarks containing both words Red and Dog. This search yielded 33 results.

• Red Dog or Red OR Dog
  • Search terms separated by a space or by an OR will retrieve any trademark containing either or both words. The results will be very broad and imprecise. This search yielded 8560 results.
  • Avoid using a space or OR between your search terms.

• Run searches on unique words by themselves.
  • "Zapps Potato Chips" Yielded 0 results
  • Zapps AND Potato AND Chips Yielded 0 results
  • Zapps Yielded 28 trademarks

• Search multiple combinations of hyphenated or compound words.
  • "stop-n-go" Yielded 2 results
  • "stop n go" Yielded 10 results
  • "stopngo" Yielded 0 results
  • stop AND go Yielded 44 results

• Search other spellings of words that sound the same, but are spelled differently.
  • Quick, qwik, quik, kwik, kwick qwick, etc.
  • Bear, bayer, bare, etc.

• Search for synonyms of words.
  • Quick, fast, speedy, etc.

Results

7.   After submitting your query, a list of trademarks matching your search parameters will appear on the screen. Click on the Serial Number of each trademark to view detailed information.

8.   When looking at the detailed information of a trademark, pay special attention to the Goods and Services field. Goods and Services describe how a trademark is used in commerce and based on this description, you will need to decide whether or not your idea for a trademark is too similar. Dead trademarks are no longer registered with the United States Patent and Trademark Office, but it may be wise to determine if a dead mark is still used in commerce (contact the owner) because common law rights to a trademark could come into play.

9.   To return to the list of results, from the detailed view of the trademark, hold [Alt] and press the "left arrow key," or click the "Back" button in your browser.

10.   To do additional searches of TESS, employing the techniques mentioned above, start over at step 1.

Common Law and State Trademarks

Additionally, you may want to spend the time researching common law and state trademarks. Business directories can be searched for company names that may already be in use (under common law). A few key business directories are listed below:

D&B Million Dollar Directory...............................Ready Reference
Standard & Poor's Register of Corporations.........Ready Reference
Thomas Register of American Manufacturers.......Ready Reference
Brands and Their Companies.............................Ready Reference
Dun's Business Locator CD-ROM........................Ready Reference
Reference USA (Internet on-line database).........Ready Reference

Individual states also grant trademarks, which offer protection in the granting state. Trademarks registered with the State of Florida can be researched via the Florida Division of Corporations' Public Access Web Database

Logos

Every logo that is registered by the USPTO is assigned a numerical code based on each significant graphical component that comprises that logo. Design codes can be determined using the USPTO's Trademark Design Code Manual, either in print format or Internet at http://www.uspto.gov/tmdb/dscm/index.html.

Read the introduction and general guidelines in the Design Code Manual to learn how to use it. Once you've determined your design code, do a Structured Form Search in TESS. Type in your design code in the box below Search Term, from the drop-down menu below Title Field select Design Code, and then click Submit Query.

Additional Information

For additional information about trademark research ask at the Reference Desk on the 5th floor of the Broward County Main Library or visit our Patent and Trademark Depository Library home page.

Read the brochure "Basic Facts About Registering A Trademark," in paper format at the Broward County Main Library's Patent and Trademark Depository Library or online at http://www.uspto.gov/web/offices/tac/doc/basic/

For help with filling out your trademark application forms call the USPTO Trademark Assistance Center at (703) 308-9000, or the United States Patent and Trademark Office at (800) 786-9199. Their web site is  http://www.uspto.gov/ Links to Websites on Trademarks Official Sites

U.S. Patent and Trademark Office Web Trademark Database - U.S. PTO's website for searching registered and pending trademark records.

State of Florida Trademarks - Division of Corporations website for the State of Florida which allows users to search for State of Florida Trademarks.  Click on "Online Searches & Document Images" and then click on "Corporations, Trademarks, and Limited Partnerships" to get to search screen.

U.S. State Trademark Agencies and Databases - Although this site isn't an "official" site itself, it does provide links to all 50 states and their State Trademark offices.

World Intellectual Property Organization - This United Nations organization is "responsible for the promotion of the protection of intellectual property throughout the world through cooperation among" member countries" and for the administration of various multilateral treaties dealing with the legal and administrative aspects of intellectual property."

U.S. Court of Appeals - This court has jurisdiction to entertain appeals for decisions issued by the Trademark Trial and Appeal Board.  

Other Trademark Sites of Interest

All About Trademarks - Website from a law firm providing information on trademarks including the legal aspects of trademarks.

Nolo Press - Publisher of self-help legal books, including intellectual property. The site provides a great deal of information on the types of intellectual property as well as indepth information about them.

U.S. Trademark History Timeline - A website from the Houston PTDL giving an historical look at trademarks in U.S. history. The timeline also includes a look at the use of identifying marks from prehistoric times to the modern age.

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