A trademark is a distinctive word, phrase, graphic, or combination that enables consumers to identify and distinguish between products from different sources. A service mark is the same except that it applies to services instead of tangible goods. The American trademark office is prone to use the term trademark to encompass both types of mark. Likewise when the office simply says marks.
The TESS system described below searches registered trademarks and service marks. Not all trademarks are registered. If you are going to invest time or money into building brand equity a search for existing marks at the outset is certainly worthwhile. If you are going to invest a lot you may wish to hire a firm specializing in intellectual property or an attorney for assistance.
A basic procedure for delving into the freely available registered trademark database online follows:
- Go to the website of the U.S. Patent and Trademark Office – http://www.uspto.gov/
- The center column groups the trademark resources inside a red boarder. Click on the “Search Marks”
- Choose your method of search
- Basic Word Mark search is the easiest to use. It cannot be used to search graphic designs.
- Word and/or Design Mark Search (Structured) is more powerful but still provides a user form to help you search
- Word and/or Design Mark Search (Free Form) offers the most flexibility, but you will need to learn quite a bit about the patent office’s reference system
- Basic Word Mark search is the easiest to use. It cannot be used to search graphic designs.
- In any case, begin with a broad search to identify as many potential conflicts as possible
