Conducting a thorough and comprehensive trademark search to protect a product or brand is important. Assuming the fact that you are a business operating from the United States, Trademark Electronic Search System is one of the most preferred trademark search database that has gained huge popularity among trademark search professionals. This database contains hundreds and thousands of trademark related data that could help companies make informed decisions about their business.
With a robust algorithm and user-friendly interface, this is the federal trademark search database provided by the United States Patent and Trademark Office that offers plenty of information for business owners. With this article, our main aim is to highlight how we should do a trademark search in this database and what are the opportunities available to searchers in it.
Points to consider while conducting a trademark search in Trademark Electronic Search System:
States: Considering states while doing a trademark search in the Trademark Electronic Search System is important because we need to look at whether the trademark owner has a trademark in a single state or in whole of the country. Considering respective states while doing trademark search can make your search more accurate, correct and worthy.
Goods or Services: Goods and services are two different categories and are further classified into various classes and sub-classes. While doing trademark search we need to explicitly determine whether the intended objects falls under products or services. It helps make our trademark search accurate and targeted.
Mind NICE Classification: NICE classification is the universally accepted classification system of Goods and Services. The Nice Classification, established by the Nice Agreement (1957), is a system of classifying goods and services for the purpose of registering trademarks. It is updated every five years and its latest 10th version of the system groups products into 45 classes (classes 1-34 include goods and classes 35-45 embrace services). Following NICE classification can make our trademark search easy and targeted.
Search options available in TESS
The USPTO’s database contains database of registered trademarks and prior pending applications that can help searchers determine if their intended mark is safe to use.
There are three different search options available in TESS database that we can use as per our requirement and need.
Basic Word Mark Search – The ‘Basic Word Mark Search’ is the first option among the three different search options that are available in Trademark Electronic Search System database. Unlike rest of the two options, this option can’t be used to search design marks and is typically useful for those trademark search professionals who are uninitiated.
Once we select the basic word mark search option from the TESS homepage, we will land up on to a fielded search form, with a drop-down menu displaying the search
Word & Design Mark Structured: This is another search option available to trademark search professionals wherein they can search word marks as well as designs. However, before using this search option we need to refer to the Design Search Code Manual to determine the appropriate code for the same.