Lookup terms in the USPTO database A database of registered trademarks and pending trademark applications is kept up to date by the U.S. Patent and Trademark Office (USPTO). The Trademark Electronic Search System (TESS) allows you to conduct a free search of this database. The full text of pending and registered trademarks, as well as details on trademark registration and application processes, are all accessible through TESS.
Speak with a lawyer
It’s a good idea to contact with an attorney who focuses on intellectual property if you are unfamiliar with trademark law. They can assist you in determining whether a trademark is authorized and secure for usage. Additionally, a lawyer can assist you with trademark registration and infringement defense. Trademark illustrations
Logos, brand names, catchphrases, even sounds and smells can be used as trademarks. The Apple logo, the McDonald’s golden arches, and the Nike swoosh are a few well-known examples of trademarks. The cost to register a trademark with the USPTO varies based on the kind of mark and the quantity of classifications of products or services. Obtaining a registration can take several months. Trademark Keeping Secrets Intellectual property that has not been registered with the USPTO is known as a trademark secret. Trade secrets, client lists, and marketing tactics are examples of sensitive knowledge that offers a business a competitive edge. Trademark secrets are not covered by federal law in the same way that registered trademarks are. Instead, they are safeguarded by common law and state law. What Happens If Someone Registers Your Business Name as a Trademark? You could have to quit using your company name if someone trademarks it. This process can be expensive and time-consuming, and it might harm the reputation of your brand. However, you might be able to challenge the trademark and continue using the name if you can demonstrate that you were using it before the other party. Cost of Patenting a Name and Logo Depending on the complexity of the mark, the level of protection needed, and the cost of the attorney, different names and logos require different amounts to be patent. Typically, trademark registration costs per class of products or services range from $225 to $600. The cost of hiring an attorney might run from a few hundred to several thousand dollars. When preparing to register a trademark, it’s crucial to set aside money for these expenses.
In conclusion, determining if a trademark has been approved entails searching the USPTO database and, if necessary, speaking with an attorney. Logos, brand names, and catchphrases are only a few examples of trademarks’ countless variations. A sort of intellectual property that is not registered with the USPTO is trademark secrets. You could have to quit using your company name if someone trademarks it. Last but not least, the price to patent a name and logo varies and might be pricey.
The most frequent grounds for rejecting a trademark are that it is too similar to another mark already in use or that it is too generic and lacks distinctiveness.
The exclusive right to use the mark in connection with the products or services covered by the registration, legal protection from infringement and counterfeiting, the capacity to pursue damages in the event of infringement, and the capacity to license or sell the trademark for profit are just a few advantages of trademark registration. Additionally, it creates a public record of ownership, which may deter other parties from asserting their ownership of the mark.