Answers to Your Questions & Resources for Business Owners
FAQs keep you in the know
What is a Trademark?
The United States Patent and Trademark Office provides that a “trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the products or services of one party from those of others.” – Basic Facts About Trademarks, USPTO (2019).
Why Order Trademark Research?
Trademark registrations are costly and the Search is a way to make sure your Mark is available before you file for registration. It also confirms whether you should spend the money on filing for registration and be confident about the process.
What if Someone is Using the Mark I Want?
If someone has already registered your desired mark, or even a similar mark to yours in the same or similar industry to yours, you may then want to find a new and different mark to avoid potentially “infringing” on their registered mark.
- Considerations for Federal Registration When Selecting a Mark, Basic Facts About Trademarks, Protecting Your Trademark, Enhancing Your Rights Through Federal Registration, USPTO, p. 3-9 (August 3, 2019)
Should I Order Research on International Use of the Mark?
However, if that foreign company did not register their Mark and did Not sell any products or services under their Mark, then they will have No protection.
International research lets you know whether or not someone may already be using this Mark overseas. Also, if you plan to sell your goods or services internationally, then you want to make sure the mark is available Internationally and not being used by another company in the same industry.
How do I File a Trademark?
Does my trademark research include my trademark filing?
What Marks are commonly refused?
Trademarks that are commonly refused by the United States Patent and Trademark Office (USPTO) are:
- Marks that are already registered in a similar class
- Marks that are confusingly similar to already registered marks
- Marks that are merely descriptive of the product or service
- Marks that are a generic term for the product or service offered
- Marks that are offensive
- Marks that are the title of a single work
- Marks that are deceptively mis-descriptive of a geographical source location
- Marks that encompass trademarks of others.
– Trademarks: Getting Started, Process Overview, Possible Grounds for Refusal of a Mark, USPTO https://www.uspto.gov/trademark/additional-guidance-and-resources/possible-grounds-refusal-mark (2019) (last visited 08/26/2019)
Can I Trademark a Book or Song Title?
Can I Trademark My Name?
Can I Trademark a Website Domain Name?
– Trademark, Copyright or Patent, Basic Facts About Trademarks, Protecting Your Trademark, Enhancing Your Rights Through Federal Registration, USPTO, p. 2 (August 3, 2019