Trademark Searches: An Overview

Trademark searches refer to brand registration searches. The trademark of a company is the most important feature of its existence. Once the company applies for the trademark registration and gets the grant, it can start using the trademark symbol. One can classify the trademark searches into different classes. A trademark search class can be a bit challenging because of numerous trademark classes having different class names. However, one can conduct a successful trademark search through the help of the database of TESS of the USPTO. We will discuss the trademark searches and their classes.

Trademark Searches Overview:

Before you try to file the trademark, it is essential to do a trademark search. The trademark classification system of the USPTO categorizes all goods and services into a total of 45 trademark classes. It includes 34 goods classes and 11 service classes. The classification of the trademark search is as follows:  

1. Trademark search by class:

There are basically two criteria by which trademark searches are classified. They are goods and services. As we have seen, there are a total of 45 trademark classes including goods and service classes. So, for searching any trademark one needs to enter the class under which the trademark comes. The USPTO doesn’t lump goods and services together in the same class.

Therefore a business that sells bags of coffee to the retailer is selling goods that are in class 30. However, if the business runs a coffee shop it is providing services in class 43. If a business sells roasted beans in a coffee shop, it is selling goods and rendering services at the same time. Therefore it needs to register under two classes- a goods class and a service class.

Related articles: Trademark Filing: A Step by Step Process

2. Trademark Electronic Search System:

TESS helps in searching the already registered trademark in the USPTO database. Searching the trademarks on TESS allows you to find the trademark similar to that of yours. So, it makes sure that you do not copy someone else’s trademark.

Related articles: Benefits of Trademark Monitoring Service

3. Trademark Infringement:

A business should not infringe on the trademark rights of another business. One considers the violation of trademark rights as intentional and defaulter might have to pay the damages to the trademark owner.

Therefore, it is wise to check the registration of the trademark. One must also check the database of the home state of the trademark owner. Trademark seekers are bound to find hundreds of trademarks that look the same throughout the country. But, they need to know how to filter through their results to tell which ones are protected by the laws.

Also read: Trademark Watch and its Significance

4. Common-Law Search:

A common law search takes you beyond government records for a trademark search. With a common law search, you can check telephone listings, industrial records, internet sources and more. A common law search can help you find out whether others are using a trademark without filing the trademark protection. Common law rights follow from actual use. In general, the first person to use the mark in commerce with the USPTO holds the right to use the trademark.

Why Choose Us? – TMReady

The trademark searches play a crucial role these days in the trademark filing process. TMReady provides clients with a world-class trademark search electronically in minimal time. You invest a lot in building your brand by creating logos and applying for trademarks. Before you put this effort, you need to make sure that it is in the right direction. At the TMReady, our aim is to let you focus on building the right brand through a comprehensive trademark search. Our team provides you with the most flexible and widest coverage at a lower price. TMReady makes sure of 100% satisfaction to our clients without compromising on the quality of work. Visit TMReady to avail our services.

Other Related Articles:

Trademark Monitoring Fundamentals: Know the Importance

Trademark Filing Fees: A Quick Overview

Trademark Search Monitoring Resources

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Trademark Samples (Trademark Search and Monitoring), Guides, E-books, Case-studies, Approaches, Methodologies, etc.

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