An essential part of the trademark registration procedure is a preliminary trademark search. It is a search that determines whether a proposed trademark or logo is available by looking up any possible duplicate or similar trademarks. A preliminary trademark search can assist detect potential conflicts and lower the possibility of violating the rights of third parties to their trademarks.
Use the United States Patent and Trademark Office’s (USPTO) database, which provides details on both registered trademarks and pending trademark applications, to begin a preliminary trademark search. Additionally, you have the option of using paid search engines or hiring a trademark lawyer or search company to conduct the search on your behalf.
Use the USPTO’s Design Search Code Manual to look for designs that are comparable to your logo while searching for a logo with an image. To find comparable photos and logos, you may also use reverse image search engines like Google photos or TinEye. What Happens If Your Trademark Is Disputed?
If someone has filed an opposition to your trademark application, it signifies that your trademark is opposed. You can submit a counter statement in response to an opposition, which is a formal response outlining your arguments for why your trademark ought to be registered. To maintain your trademark rights, it’s crucial to reply to an opposition quickly.
You must complete the necessary paperwork and deliver it to the USPTO in order to file a counter statement. You must fill out the form with details about your trademark, the reasons for the opposition, and your answer. You can also be required to offer proof to back up your assertions.
As soon as you begin using your logo in commerce, you can use the symbol TM to assert trademark rights in the logo. Even if you haven’t yet registered the logo with the USPTO, you can use the abbreviation TM—which stands for “trademark”—to let the public know that you are using it as a trademark. A registered trademark offers greater legal protection than utilizing TM, nevertheless.
Finally, a preliminary trademark search is a critical phase in the trademark registration procedure. It improves the likelihood of a successful trademark registration and lowers the danger of violating the rights of third parties. It is advised to speak with a qualified trademark attorney if you have any queries or worries concerning the registration process for trademarks.
You can use the USPTO’s trademark database to perform a quick trademark search to find out if a company name is already protected. You can look for trademarks that are already registered and those that are still pending that are comparable to the name of your company. To do a more thorough search and provide you a legal opinion on the suitability of your company name as a trademark, you may also employ a trademark attorney or a trademark search company.