Trademark searches refer to any action taken for the purpose of determining whether a proposed mark is already being used in commerce. The search can be narrow in nature or can be broad enough to include results from every avenue. An appropriate search strategy constitutes of the nature of the mark, nature of goods and services the mark encompasses the timeline for bringing the mark to commerce, and the applicant’s resources grant.
Procedure for conducting Trademark Search
To conduct a Trademark Search on his own, the applicant can visit the USPTOsite where one can take help of a free tool named TESS (Trademark Electronic Search System). One can also search through TESS database at Patent and Trademark Resource Center (PTRC). The detailed information regarding PTRC can be accessed through USPTO.
The USPTO, however, doesn’t conduct any search for a proposed mark before the filing of an application. Post-filing of the application and as a part of its application, USPTO conducts a search of the mark to determine whether it can be registered or should be rejected. Another fact that is worth mentioning is any searches done through TESS confined to the USPTO’s database of federal trademark applications and registrations. It might not include marks of other applicants who may have trademark rights but no federal registration.
Thus it is highly recommended to hire an experienced trademark attorney to assist with a Screening or a Full trademark search.