July 29, 2015

Frequently Asked Questions

 

Getting Started

What do I need to supply to you in order to initiate the search?

We don’t need much! Just the proposed mark you want to use and the jurisdictional coverage you want. In addition, if is helpful for you to provide some details of the industry, services, goods or NICE classes you want covered. While this will speed your search, it is not mandatory.

How do I start with TMReady (Formerly The Trademark Search Company)?

It is quite simple. On the TMReady (Formerly The Trademark Search Company) website, click on ‘TM Search’ or ‘TM Monitoring‘ to order reports. Just follow the process you are guided through. You will be asked to share your details (your full name, business email, phone number, country name, etc.) before making the first purchase.

What do I need to order a TM Search / Monitoring Package?

To purchase a report, all you need is a valid credit card or a PayPal account. Please refer to the FAQ section on ‘Ordering a TM search / monitoring package’ for details on how to purchase. You need to either sign in “My Account” or create and activate a new account when checking out.

What are the types of trademark?

There are four categories of trademarks:
-Fanciful or arbitrary
-Suggestive
-Descriptive
-Generic

How do I run a trademark search?

You may conduct the Search on TESS (Trademark Electronic Search System).
It is USPTO’s web-based search system.
You may access it from a local Patent and Trademark Resource Center (www.uspto.gov/ptrc) or even at home via internet.

How do you check to see if something is trademarked?

You must search the USPTO’s trademark database for this.
First visit TESS and choose a search option.
Then use the trademark name search if you are searching for a name.
Also, you may search through your design code using the USPTO’s Design Search Code Manual if you are searching for a design mark (logo).

How do I look up trademarks for free?

You may use the free government online resource like the Trademark Electronic Search System (TESS).
It is available for the public by the US Patent and Trademark Office (USPTO).
Also, it helps to search for existing marks that are exact or similar to your trademark.

How do I check if a brand name is available?

The Registrar of Trademarks provides an open access to the database (TESS).
You may enter this database and search the availability of your brand name for the registration process.

Can I trademark my own name?

Yes, the Trademark laws also protect names, logos and other marks used in commerce.
You must use your name in business to register it as a trademark with the U.S. Patent and Trademark Office (USPTO).
However, you can’t register your name as a trademark if you plan to use it for personal purpose purposes.

Are trademark engines good?

Trademark engines do provide you the monitoring services but they are of no use if you can’t afford to tackle the potential infringers.

Can I trademark a name already in use but not trademarked?

yes, you can. First come first served.

How much do Trademarks cost?

The Government trademark registration fee is Rs. 4,500 per Individual/ Small Enterprise.
It is Rs. 9000 per company or big enterprises.
Also, the fee for a professional trademark attorney is Rs. 3500 per application per class.

What’s the difference between copyright and trademark?

The basic difference between trademark and copyright is that:
A Trademark protects the use of the name of a company or product, slogans and brand identity (logos).
A Copyright protects the rights of a person that created something in music, art, literature, and intellectual work like software development.

How long does it take to trademark a name?

You establish the “Common Law Trademark Rights” as soon as you start using your mark in commerce.
However, it takes approx. 13 – 18 months to officially register a trademark with the USPTO.

Do trademarks expire?

The patents and copyrights do expire a set period of time but the trademarks do not.
However, the owner must continue to use it in commerce after the United States Patent and Trademark Office (USPTO) grants the registration.

How do I monitor my trademark?

One of the strategies to monitor a trademark is to make a list of many main online resources related to your industry.
It includes publications, news sites, and blogs from the sites that own comprehensive and trending coverage of it.
Then you need to search among those sites for your trademarks on regular basis.
However, it is best to hire a professional for the same.

How do you enforce a trademark?

You may file a lawsuit in federal court if the United States Patent and Trademark Office (USPTO) have registered your mark.
Also, you may resolve the matter in state court if the infringing mark is being used in the same state your mark is unregistered.

How do I check trademark infringement?

You may perform a trademark search with the help of USPTO website.
Here you may search for a trademark via;
-trade mark number
-owner name
-keyword
-phrase
-image
The USPTO owns an online journal for the users to search recent trade mark applications for the last 7 days.

What is considered a trademark infringement?

Trademark infringement refers to the illegal use of a trademark or service mark.
It can be related with the goods or/and services such that it causes deception or confusion with the original product/good/service.

What is trademark watch?

Trademark watch ensures the protection of our mark from an unauthorized user or infringer. Moreover, it helps the owner to enforce the mark by taking appropriate measures against any sort of infringement or misuse of the mark.
It requires keeping an eye on the upcoming registrations or previous registrations that are similar to your mark.

Can you go to jail for trademark infringement?

See, civil court handles most of the infringement cases.
Also, some of these cases may result in federal criminal charges.
Thus, it may lead to various criminal penalties, like probation and in worst cases jail.

Can you sue for trademark infringement without registration?

According to the federal law, it is not necessary to register your trademark in order to obtain formal legal protection.
This means, you may sue an infringer even without registration.
Moreover, the federal law (15 U.S.C. § 1125(a)) supports a trademark infringement claim even without the registration

What is trademark infringement examples?

A very common example of trademark infringement is:
The Clothing manufacturers using original company logos such as NIKE and ADIDAS, then selling them as original product. They name them as FIRST COPIES.

What Cannot be registered as a trademark?

According to the Acts under Section 13 and 14 trademarks that contain specific names cannot be registered.
Also, the Trademarks with a commonly used word of any single chemical compound or element related to a chemical substance cannot be registered.

How do I check an international trademark?

You may use the online Trademark Search engine.
It is called the Trademark Electronic Search System (TESS).
It is offered by the US Patent and Trademark Office (USPTO) to the public for searching existing identical marks to the one you own.

Do trademarks apply internationally?

Both the Patents and trademarks are territorial.
You must file it country wise to seek protection.
In order to do so, you must file the trademark registration application with USPTO.
It will help you to gain trademark protection in up to 84 countries.

What is international registration of trademark?

The International Registration of trademark allows the owner to register the mark in multiple jurisdictions.
Also, he just needs to file a single uniform application via a centralized filing system.
WIPO International Bureau administers this system.

How much does an international trademark cost?

The international trademark registration requires submitting the application to USPTO.
The cost of U.S. Patent and Trademark Office (USPTO) fees is between $225 to $600.
Also, the attorney fees add $500 to $2,000 or more.

How do I register a brand internationally?

You have two options to register a brand internationally:
-File a trademark application with the trademark office of the country you want to seek protection in.
-File the trademark application with the WIPO’s Madrid System.
It helps you to seek protection in multiple countries with a single filing (countries with the treaty).

What is trademark docketing?

Trademark docketing is the process of keeping track of the status and various deadlines related with the trademark registrations and trademark applications.
Docketing was a manual process before the introduction of software and databases.

What constitutes intellectual property?

Intellectual property (IP) constitutes the following:
-Inventions
-Literary works
-Artistic works
-Designs
-Symbols
-Names
-Images used in commerce

What does a trademark paralegal do?

A trademark paralegal works under the supervision of licensed trademark attorneys.
The Trademark paralegals are also known as trademark legal assistants as they deal with trademark legal matters.
However, they do not practice law because they are not licensed attorneys.

What does an intellectual property paralegal do?

The IP or Intellectual Property paralegal helps the clients to trademark and/or patent their work or invention.
Also, they enforce their trademarks and/or copyrights in case of any infringement.

What services do paralegals provide?

The paralegals provide following services:
-Reviewing and organizing client files
-Performing factual and legal research
-Preparing documents for legal transactions
-Drafting pleadings and discovery notices
-interviewing clients and witnesses
-Assisting at closings and trials

What is IP management software?

A number of businesses use the IP Management software to acquire trademarks and patents.
Moreover, the IP Management software helps attorneys and IP law firms to prepare for IP filings and litigation.

 

Creating My Account

How do I register at TMReady (Formerly The Trademark Search Company)?

You will be asked to share your details (your full name, business email, phone number, etc.) before making the first purchase. You also have the option of directly registering at “My Account” page where you need to submit your business email. Once you click on that Register button, you will receive your account details on registered email. Further, you can edit your password and account details.

 

About Our Services

Why TMReady (Formerly The Trademark Search Company) for trademark searches?

TMReady (Formerly The Trademark Search Company) is one of the most widely trusted TM search and watch service globally. Conducting hundreds of searches daily for TM attorneys and TM owners, TMReady (Formerly The Trademark Search Company) has achieved this status based on its formidable team of experts, unmatched prices, highest quality, widest coverage and 100% satisfaction guarantee.
The trademark search team at TMReady (Formerly The Trademark Search Company) includes highly qualified and rigorously trained trademark researchers and consultants. They are adept at devising comprehensive searches and then analyzing the search results to provide a high level of certainty to the output.
We use a custom algorithm and have access to multiple search databases, adding further relevance to our services. Additionally, our customer-friendly services are extremely affordable and we follow a transparent fixed pricing model with no hidden costs.
In summary, we provide high quality, high value, expert searching capability at affordable costs already being used by hundreds of satisfied clients – Why shouldn’t you be one of them?

What is meant by phonetic equivalents?

Phonetic equivalents are words that sound-alike creating the possibility of confusion between the two words (for example ‘CAT’ and ‘KAT’). Phonetic equivalents are important because they indicate how an existing mark may be perceived by a consumer as too similar to your proposed mark.If phonetically equivalent marks exist in the same industry there is a strong possibility of consumer confusion and the proposed mark may be rejected.

What are foreign equivalents?

Language may sometime create confusion in case of trademark registrations. For example, the Doctrine of Foreign Equivalents is a rule applied in United States trademark law requiring proposed marks in a foreign language be translated to determine whether they are confusingly similar with existing marks. Simply put, it tests if some consumers who are familiar with the foreign language will find the proposed mark confusing.

Do you use Saegis / Compumark?

Yes, we have access to Saegis and Compumark.

What is common law?

The term “common law” indicates that the trademark rights arise from actual use of the trade-mark without registration. Common law rights are limited to the geographic area in which the trade-mark has been used or where the trade-mark owner can establish a reputation based on that trade-mark. In the United States, this may mean that a user of a common law mark may only have rights in Florida, for instance, and another company with no knowledge of the use of the mark in Florida could use the mark for the same wares or services in Texas. Registration of a trademark is always recommended since registration confers more rights than mere common law usage. U.S. law also requires potential registrants to make an attempt to discover conflicting common law rights. In most countries in the world outside of the Anglo-American sphere of legal influence, trademark rights are based only on registration.

What are your common law sources?

For common law, we cover national yellow pages, top newspapers, business names and records, financial Sources (like Hoovers, Dow Jones, Standard & Poor), industry news, SEC filings and top Internet search engine results.

How are you so affordable?

We value all of our relationships and always seek long-term relationships with our clients. We therefore price our services to attract and retain as many customers as possible. Moreover, our experienced team, customized processes and operational set-up in India allows us to keep our operating costs low and we pass these savings on as an added advantage to our clients.

Do you guarantee that I will get a mark after the search?

There is no guarantee a trademark application will be successful after the search because the two primary reasons for rejection of an application are distinctiveness or confusion with other marks. Obviously this is very subjective in nature.
However, once a search has been completed and suggests your trademark will be accepted, it is less likely to be rejected on the basis of confusion.

Who conducts the searches?

We have a team of researchers who have substantial searching experience, are highly qualified and have been rigorously trained. These researchers have undergone trainings from trademark examiners and are always updated about current laws.

Can I change or cancel my order?

Changes or cancellations to an already placed order can be done in two ways:

  1. By sending an email to the account manager assigned to you for this delivery (the details will be in your order confirmation email).
  2. By calling our customer services helpline at +1-773-312-3937.

While we will make every attempt to change your order, additional charges may apply if work on the request has begun or if the scope changes significantly. Therefore, please make changes as soon as you can.

Difference Between AI and Manual Trademark Search

During Trademark searches, there are 4 aspects to consider. These are visual similarity, text similarity, phonetic similarity, and semantic similarity. AI provides very fast results because of its high processing power. Despite all the advancements in AI, it still has its limitations. AI cannot detect semantic similarities between marks. Two different words might essentially have the same meaning but it can go undetected.

However, humans understand the context better. We can distinguish between words and their intended meanings. So, a manual search yields a more thorough result, but it is very time-consuming.

Hence, the results provided by AI can be improved by manual involvement. Therefore, a manual search after advanced AI search is thorough and accurate.

Is the pricing for a design mark same as that of “word mark”?

We offer automated AI searches which are best suited for “word marks” only. For designs in trademarks, we offer “manual searches” which have different pricing. It is available right next to the “Advanced AI Full Search” in every region. Check out the pricing page for trademark searching.

If I get a Trademark registered in the USA, will it also ensure protection in another country?

No, the boundaries of protection of the trademark are limited only to the country you file the trademark in. For example, if you file a trademark in the USA only, someone can still get a trademark for it in Germany.

 

Ordering a TM Search / Monitoring Package

When should I order a full search?

Once you have shortlisted a proposed mark, get the full search done to assess the availability for use and registration in the jurisdictions you want to cover. The full search covers not only similar marks but also all phonetically similar and confusing marks that may pose a threat in the future. A full search should be ordered before you file your trademark application and will provide a high level of confidence that your mark will be approved and registered.

Which countries can you search in?

We have the capability to cover: [ The International Register Community Designs], Albania, Algeria, Andorra, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belarus, Benelux, Bolivia, Bosnia-Herzegovina, Brazil, Bulgaria, Canada, Chile, China, Colombia, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican-Republic, Ecuador, Egypt, El Salvador, Estonia, Finland, France, Gaza, Georgia, Germany, Greece, Honduras, Hong Kong, Hungary, Iceland, India, Indonesia, Iraq, Ireland, Israel, Italy (including- San Marino), Jamaica, Japan, Jordan, Kazakhstan, Kuwait, Kyrgyzstan, Latvia, Lebanon, Liechtenstein, Lithuania, Macedonia, Malaysia, Malta, Mexico, Moldova, Monaco, Montenegro, Morocco, Nepal, New Zealand, Nicaragua, Northern Cyprus, Norway, O.A.P.I.- (16 African countries), Oman, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russian-Federation, Saudi Arabia, Serbia, Singapore, Slovak Republic, Slovenia, South Africa, South Korea, Spain, Sri Lanka, Sweden, Switzerland, Taiwan, Tajikistan, Thailand, Tunisia, Turkey, Turkmenistan, U.S.A., Ukraine, United Arab- Emirates, United-Kingdom, Uruguay, Uzbekistan, Venezuela, Vietnam, West Bank- of Jordan, Yemen

 

Which countries should I ask you to search in?

A trademark registered in a particular country only protects your mark in that country. So you should apply for registration in all countries you want to market your product, now or in the future.

What does your report look like?

Our report is beautifully designed yet detailed in its analysis. You can also download available sample report for each package. Click here to download TM search sample reports | Click here to download TM monitoring sample reports

Where do I find report samples?

On each package of services` page where you find report options, you will be able to see the sample reports we offer. You can also download available sample report for each package. Click here to download TM search sample reports | Click here to download TM monitoring sample reports

 

Using Special Discounts & Offers

How to apply a coupon code?

Once you add an item to your cart, click Apply coupon code above Cart totals. Enter the coupon code and click Apply Coupon. In case if you have forgotten to apply coupon in “Cart”, you can apply it in next step i.e. “Check Out”. The coupon discount will adjust your order total.

If you’re having difficulty redeeming a coupon code, please contact us to make sure the code is still available.

Where I can get updates about Special Discounts & Offers?

You can get updates about ongoing discounts & offers by visiting this “Special Discounts & Offers” page. Further, you can stay updated with ongoing & upcoming special discounts & offers by receiving emails.

Subscribe to exciting discount offers (twice a month)

 

Making Payments

What payment methods can I use?

We accept valid credit / debit cards or PayPal account based payments. Please refer to the FAQ section on ‘Ordering a TM search / monitoring package’ for details on how to purchase. You need to either sign in “My Account” or share relevant details when checking out.

Can I order without a credit card?

We have a wide range of payment options. We accept valid credit / debit cards or PayPal account based payments. Additional payment options will be announced when they become available.

Are my payment details secure?

Absolutely. We take payments only through PayPal which is considered as one of the most trusted payment gateway. Please read payment security information for more details.

Do I have to pay PayPal Transaction Fee?

Yes, you do have to pay PayPal Transaction Fee. PayPal charge us 4.4% + $0.30 USD per sale on our website, through invoice or online payments. Accordingly, we do charge per order which is equivalent to 4.4% of total amount of a selected order/ or, package. Please read PayPal transaction fee information for more details.

How will the charge on my Credit card?

The charge for your order will appear on your credit card as: “PayPal*SAGACIOUSRE”.

Is there a separate pricing for a design mark and a word mark?

If your mark includes a design, then by opting for a “Manual Full Search”, we will cover both designs and words. No separate fee would be charged apart from the fee of the Manual Full Search. You can visit our pricing page here for trademark searching.

 

Delivering Your Report

What is the turn-around time for a search?

Our usual turn-around time is 2 to 5 working days from receipt of instructions. However, expedited delivery is also available if required (Expedited – Within 2 days & Super Expedited – Within 24 hours). Just let us know if you need it more urgently and you will get it as required.

Do you provide hard copy reports?

Our usual reports are electronically transmitted but hard copy reports may be provided if you need it. You may need to pay the actual cost of mailing the report to you.

Can I track my order?

Yes. You can view your order status on the “My Account” page.

Will clients be provided with a report?

Yes, a detailed and specific electronic report will be provided to the client. The report will list all relevant identical and similar marks, classes of goods/services, descriptions of goods/services; owner’s name, registration & filing date everything that may be of critical value to clients.

Do you provide hard copy of the report?

Yes, we do. A hard copy of the search report will be delivered to your address with an extra payment.

What will be the Delivery Speed of the Report?

There are 3 different options those are available to clients, such as:

  • Regular (in 3-4 days)
  • Expedited (Within 2 days) ($29.00)
  • Super Expedited (Within 24 hours) ($49.00)

 

Troubleshooting

I am still confused – What do I do?

No Problem! We are here to help you – e-mail us to discuss your requirements.

Why can’t I login to TMReady (Formerly The Trademark Search Company) though I recently registered?

It is possible that you have:

  1. Entered an incorrect user ID/email.
  2. Typed an incorrect password. (If you have forgotten your password, go to page “My Account” and reset your password by clicking on “Lost your password?”)

If you are still not able to log in, please contact TMReady (Formerly The Trademark Search Company) support on +1-206-538-5497 ( or via the ‘Contact us’ form. A representative will work with you to resolve the issue.

Forgotten your password?

If you have forgotten your password, go to page “My Account” and reset your password by clicking on “Lost your password?”. Enter your registered email address and “Password Reset Instructions” will be sent to your entered/registered email address (Generally, “Password Reset Instructions” email delivery takes 2-5 minutes).

Website is facing some issues with internet explorer!

Our website works best on Chrome & Firefox browser. (Technically it works on all browsers, but in case of Internet Explorer (IE), it faces some issues).

One thought on “Frequently Asked Questions”

Leave a Reply

Your email address will not be published. Required fields are marked *

Don`t copy text!