How to find trademarks?

sama3l. Banned

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#1

how do i find trademarks?

sama3l., Oct 19, 2008 IP

Nonny Notable Member

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You can do a search of registered US Trademarks on the US Patent and Trademark Office web site:
http://tess2.uspto.gov/bin/gate.exe?f=tess&state=m41fuv.1.1

Note, however, that the US also recognizes "common law" trademarks that do not have to be registered.

http://www.uspto.gov/web/offices/tac/tmfaq.htm#Search005

What are common law rights?

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.

What is a common law search? How can I do one? Is doing a common law search necessary?

A common law search involves searching records other than the federal register and pending application records. It may involve checking phone directories, yellow pages, industrial directories, state trademark registers, among others, in an effort to determine if a particular mark is used by others when they have not filed for a federal trademark registration. A common law search is not necessary but some find it beneficial. Telephone numbers for search firms that perform these searches for a fee can be found in the yellow pages of local phone directories and through an Internet search.
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Of course if you want to do business outside of the US, you'll have to search the trademark databases for other countries as well.

Nonny, Oct 19, 2008 IP

gemini181 likes this.

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#3

There are trademark search companies who will search not only the public record but also proprietary databases looking for common law trademarks. Fees vary.

Business Attorney, Oct 21, 2008 IP

gemini181 Well-Known Member

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#4

Good info...
What's the difference between TM and R?

gemini181, Oct 21, 2008 IP

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gemini181 said: ↑

Good info...
What's the difference between TM and R?
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TM = trademark
R = trademark registered with the USPTO

http://www.uspto.gov/web/offices/tac/tmfaq.htm#Basic007

Are there federal regulations governing the use of the designations "TM" or "SM" with trademarks?

No. Use of the symbols "TM" or "SM" (for trademark and service mark, respectively) may, however, be governed by local, state, or foreign laws and the laws of the pertinent jurisdiction must be consulted. These designations usually indicate that a party claims rights in the mark and are often used before a federal registration is issued.
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When is it proper to use the federal registration symbol (the letter R enclosed within a circle -- Â® -- with the mark.

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. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration. [Note: Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.]
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Nonny, Oct 21, 2008 IP

gemini181 Well-Known Member

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#6

Those details are really good to know, thanks.

gemini181, Oct 21, 2008 IP

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How to find trademarks?

sama3l. Banned

Nonny Notable Member

Business Attorney Active Member

gemini181 Well-Known Member

Nonny Notable Member

gemini181 Well-Known Member

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