Checking if particular word is trademarked

Discussion in 'Legal Issues' started by nstar612, Apr 29, 2010.

  1. #1
    Is there any tool out there that I can search to see if a particular word/phrase is trademarked or copyright protected?
     
    nstar612, Apr 29, 2010 IP
  2. albemarle24

    albemarle24 Well-Known Member

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    #2
    The United States Patent and Trademark Office (USPTO) is the Federal agency for granting U.S. patents and registering trademarks. Their website offers searches for U.S. trademarks:

    http://www.uspto.gov/
     
    albemarle24, Apr 29, 2010 IP
  3. Nonny

    Nonny Notable Member

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    #3
    And here's the database of registered trademarks for the European Union:

    http://oami.europa.eu/ows/rw/pages/QPLUS/databases/searchCTM.en.do

    As the site cautions, just because you don't find a word in the database, it doesn't mean that it isn't trademarked (the database only goes back to 1996).

    Here is what the US PTO says about trademark registration:

    http://www.uspto.gov/faq/trademarks.jsp#Search005
     
    Nonny, Apr 29, 2010 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    No complete search tool exists on the open market - which is why a good trademark search runs several hundred dollars and up. The USPTO does not show common law trademarks. Your usage (classification) of the mark will be a factor.
     
    mjewel, Apr 29, 2010 IP
  5. Business Attorney

    Business Attorney Active Member

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    #5
    And copyright protection is even harder to check. Generally speaking, a short phrase is not entitled to copyright protection as an individual work, but a phrase may be contained in a copyrighted work. Since there is no requirement that works be registered in order to secure copyright protection, it is nearly impossible to determine whether a particular passage is subject to an author's copyright. Of course, if you can find the phrase in a source in the public domain (such a a work published prior to 1923 or one where the copyright is known to have lapsed), then you can safely use the phrase without fear of infringing upon a copyright (but you still need to consider trademark rights).
     
    Business Attorney, Apr 29, 2010 IP