Trademark Search

What is a trademark?

A trademark is your company name, it's a brand or identity. The brand needs to be able to distinguish the goods or services which you provide. An example of a trademark would be Nike for shoes. An example of a service mark would be Microsoft for computer consultancy.

Examples of a trademark?

A word i.e Nike, The Nike swoosh, or any combination Nike and the Swoosh, used, or intended to be used, in commerce

What is a certification mark?

A certification mark is any trademark used by someone other than its owner which certifies some regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization.

What is a collective mark?

A collective mark is a trademark or service mark used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization.

Should I register my company name?

Yes. Wherever possible register the company brand. Its essential to do so both from a asset value perspective but also from a defensive and strategic perspective.

What are the benefits of a federal registration?

Third parties are deemed to have been constructively put on notice throughjout the USA of the trademark owner's claim. Evidence of ownership of the trademark. Jurisdiction of federal courts may be invoked. Registration can be used as a basis for obtaining registration in foreign countries. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

Do I need to be a US citizen?

No.

When can I use the ®?

The federal registration symbol may be used once the mark is actually registered in the U.S. Patent and Trademark Office. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.

Should I carry out a search?

Yes.
Two options:
Proceed with a search yourself via the USPTO website using the Trademark Electronic Search System (TESS) at http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=English&p_d=trmk
or instruct the trademarkroomusa.com to do this for you.

Can I use my federal registration outside of the USA?

A Specimen is required as to how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. Specimens are required in applications based on actual use in commerce, Section 1(a), 15 U.S.C. ß1051(a), and must be filed with the Amendment to Allege Use, 15 U.S.C. ß1051(c) , or the Statement of Use, 15 U.S.C. ß1051(d), in applications based on a bona fide intention to use the mark in commerce.

What are the common problems?

Section 2 of the Trademark Act contains several of the most common (though not the only) grounds for refusing registration. The grounds for refusal under Section 2 may be summarized as and its important as you will not get your money back!

• the proposed mark consists of or comprises immoral, deceptive, or scandalous matter;
• the proposed mark may disparage or falsely suggest a connection with persons (living or dead), institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
• the proposed mark consists of or comprises the flag or coat of arms, or other insignia of the United States, or of any State or municipality, or of any foreign nation;
• the proposed mark consists of or comprises a name, portrait or signature identifying a particular living individual, except by that individual's written consent; or the name, signature, or portrait of a deceased President of the United States during the life of his widow, if any, except by the written consent of the widow;
• the proposed mark so resembles a mark already registered in the Patent and Trademark Office (PTO) that use of the mark on applicant's goods or services are likely to cause confusion, mistake, or deception;
• the proposed mark is merely descriptive or deceptively misdescriptive of applicant's goods or services;
• the proposed mark is primarily geographically descriptive or deceptively geographically misdescriptive of applicant's goods or services;
• the proposed mark is primarily merely a surname; and
• matter that, as a whole, is functional.

How long will it take?

Initial contact will not take place until you receive a filing receipt approximately six months after filing. However, the total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application.

Terms and Conditions

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