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How to Conduct a Trademark Search

How to Conduct a Trademark Search Conducting a trademark search should be handled carefully as to avoid legal complications in the future. The point of a trademark search is to ensure that the trademark is not already in use by another entity. If a company infringes on a person's registered trademark, he or she has the right to sue for damages. To avoid costly legal battles, a trademark search should be extensively conducted. Hiring an intellectual property attorney, or other trademark search professional, may help the process achieve its goal.

What is a TESS Search?

The Trademark Electronic Search System (TESS) is one of the easiest ways for an individual or entity to conduct a trademark search for a registered trademark offered by the United States Patent and Trademark Office (USPTO). It is an online trademark office search that can be accessed from any computer connected to the Internet. The search is designed to be a simple tool for finding text trademarks and can be used free of charge.

The contents of TESS can be reached through a direct or indexed search. Although the TESS search can help the process of establishing a trademark, it is not by itself a means for applying for trademark registration. Once a trademark is submitted to the USPTO, the organization performs its own trademark office search to ensure that no similarities exist to pre-existing trademarks before granting final approval.

Searching for Designs:

Trademarks can often be quite difficult to search for when performing design searches. There is no way to perform a trademark office search for a design using specific text. To make the process easier, the trademark office search has established a code system for designs in their database. Certain images, such as animals, men, women, plants, etc. have been assigned a numeric value. When a searcher is looking for an image containing specific objects, the numerical code would have to be entered pertaining to each object that the trademark contains.

For example, if the design desired for trademark by a company contains a star and a mountain, the numeric values assigned for a star and a mountain should be entered into the search field. All images with stars and mountains will then be fetched by the database, and the proper comparisons can then be made between alike images. The trademark office search website has complete guidelines for searching for designs to make the process less difficult for inexperienced users.

Trademark Public Search Library:

Users wishing to use the extensive USPTO Public Search Library in Alexandria, Virginia may do so during open hours of operation. In this facility, users can perform a comprehensive X-searchPatent and Trademark Depository Library:

A Patent and Trademark Depository Library (PTDL) is a library designated by the USPTO to receive and house trademark materials, and to make them and other information available to the public. They are located in many regions nationwide and provide easy access to the information needed by users for trademark registration.

PTDLs offer several methods of research in their extensive electronic databases, including optical discs, USPTO web-based search systems and a TESS system. While the web-based search and TESS system are both accessible from any computer through the Internet, the optical disc is a unique database search only available at a local PTDL. These optical discs have comprehensive information about U.S. patents and trademarks not available through the internet.

What is the TARR Database?

When performing a search, a user may encounter a trademark that is identical to the mark they are attempting to register. Submitting this trademark may result in a rejection from the USPTO, though there is a chance that the registered trademark may be expired. To discover if a registered trademark is still active, the user should consult with the Trademark Applications and Registrations Retrieval (TARR) database.

The TARR database is available for public use and allows users to check the official status of a particular mark. To use this system, the user should record the serial number or registration number of the trademark in question, as this is the only way to search for trademark status through the TARR database. If a trademark in question has an expired registration, it is likely that an identical trademark could be approved.

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