Doing a Trademark Search

What are the primary places to look when doing a trademark search?

The primary places to look are:

Trademark Electronic Search System (TESS) – Trademark Office database of registered marks, applications for marks, and cancelled/abandoned marks
Web Search – Search on Google

How to perform a trademark check in TESS?

Once you’re on TESS you can type in the word or words related to the mark you’re researching in the Basic search function.

In the Basic search function:

This will give you an idea if there are registrations or applications with the same word or words.
Try variations of what you’re searching for: (a) one word out of multiple words; (b) the beginning of the word; and/or (c) if word has two parts to the word, add a space in the middle of the word. The variations will show different results and give you an idea of interpreting the previous results.

For more advanced trademark searching use the Free Form function.

In the advanced search function (Free Form):

The advanced search function allows for different searches in breaking down the components of the word you’re researching.
You can view a strategy for breaking down the components of a words – generally – by viewing the help section of the TESS database instructions giving an advanced search strategy. This breakdown is the consonant and vowel sounds.
If you are trying to understand how a search strategy in free form would look for your particular word you’re searching for, view a search sequence made by a Trademark Examiner for the same word you’re researching by: (1) find a previous registration or application with the word you’re looking for; (2) open the TSDR file for that registration/application; (3) in the Documents tab of TSDR, view all the files for the registration/application, and then view the file XSearch Search Summary; (4) then find the word or parts of the word within that search sequence to better understand how an examiner will search for the word. The XSearch Search Summary was a search made by a Trademark Examiner for that particular mark for that registration/application. To better understand the symbols in the search, view the TESS database instructions including the advanced search strategy section (labeled common search strategies). Also understand that the Trademark Examiner performed sequential searches and nested searches for performing the search. The XSearch Search Summary searches are abbreviated for previous searches with a number of the search query for the next search query.

What are the secondary places to look when doing a trademark search?

State Trademark Databases – Trademark Office Compilation of State trademark websites. (ex. State of Connecticut State Trademark Search Database)
Business Name Databases – Each State has a website for registered businesses. (ex. State of Connecticut website for searching registered businesses. An explanation on how to search the Connecticut website.)
Internet Domain Name Databases – (ex. GoDaddy search)
Social Media Name
WIPO Search – World Intellectual Property Organization Global Brand Database

Interpreting the results of the Trademark Search

The mark and use need to be similar for a conflict between marks.

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Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

Doing a Trademark Search

What are the primary places to look when doing a trademark search?

How to perform a trademark check in TESS?

What are the secondary places to look when doing a trademark search?

Interpreting the results of the Trademark Search

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