The United States is the second-largest trademark market in the world, with more than 3 million active trademark registrations. The United States ranks second in the world in terms of fresh trademark applications with around 900,000 annually.
At the same time, the USPTO disapproves almost 50% of new applications either as a result of its expertise or because of objections from other trademark owners. Furthermore, the number of successful registrations is steadily dropping.
One of the causes is the failure to do a sufficient trademark search before filing, which results in rejection due to an earlier registration of an identical or similar trademark in the same class. The application with earlier priority dates may also conflict with the registration of the trademark.
Additionally, since the USA is a member of the international (Madrid) system of trademark registration, foreign trademarks designated with the US designation have the same legal force as national trademarks within the US.
Importance of Trademark Search in the US
Trademark search is crucial
Identifying trademarks that are currently in use and are possibly identical to or similar to the one you wish to register can be done with the help of a trademark search. By detecting potential conflicts, you can avoid infringing the rights of someone else who have registered a trademark. infringement of a registered trademark can lead to legal disputes, expensive litigation, and potential financial liabilities.
Protect your investment
The process of trademark registration requires time, labor, and financial resources. To ensure you invest in a distinctive and protectable trademark, a thorough search is required. You run the danger of choosing a trademark that is already in use or doesn't stand out without conducting such a search, which could result in your registration being rejected or your legal protection being weakened.
Developing a strong brand
The foundation of your brand identity is a trademark. You can choose a distinctive trademark that sets your goods or services apart from those of rivals by conducting a search. You may develop a strong brand reputation, clear up client misunderstandings, and establish a strong market presence by avoiding confrontations.
Benefits of trademark searches with Pocket IP
At once search through records in the international WIPO database and the national US trademark database.
Check brand name availability in the US for free with our tool for free trademark searches in the USA.
Search results can be saved for convenient future research (for registered users).
Request a search report analysis from our trademark specialists, or download a search report in a convenient format and come to your own conclusions.
The United States Patent and Trademark Office (USPTO) has an open trademark database and every person can use Trademark Electronic Search System (TESS) to conduct preliminary trademark search.
Pocket IP provides the same data on registered and filed applications as the USPTO trademark search system. But, with a more convenient interface and tools.
There is no chance that the Pocket IP search system will overlook any national or international registration because it has access to data from TESS and WIPO.
Without creating a profile in the service, you can access the fast search feature or create your own profile in the Pocket IP system.
You can conduct the search by:
TM registration number
TM owner name
All of the filtering and sorting options for search results are available.
A trademark should be added to the My Objects list in order to be watched further.
Analyzing search results
After completing a trademark search, it's crucial to carefully examine the findings. Making decisions on the strength and viability of your trademark will be made easier with the aid of this analysis. Following these steps can help you analyze search results:
Examine any exact matches produced by the search first. These are trademarks that are exactly the same as or quite similar to the mark you are proposing. There may be issues with your trademark throughout the registration procedure if there are precise matches. Think about if it's worthwhile to pursue it further or if changes are required to make your brand stand out.
Pay attention to trademarks that are similar to yours, even if there are only slight variations in the way they are spelled, pronounced, or designed. Find out how comparable they are and whether they have similar products or services registered. You can determine the possible risk of customer confusion by evaluating these comparable trademarks.
Examine your suggested mark's power and distinctiveness in light of the search results. Strong trademarks are recognizable, distinctive, and less likely to compete with already-registered brands. If the search results show a dearth of potent trademarks in your industry of choice, it may be a chance to boost your brand identity. Conversely, it could be difficult to establish exclusive rights and enforce your mark if there are multiple powerful trademarks that are already registered.
Discuss with a trademark attorney if the search results cause you any anxiety or if you are unsure about how to understand them. Pocket IP may offer qualified guidance, examine the search results in the context of the specific situation you are in, and assist you in overcoming possible challenges. We may additionally offer you advice on the best course of action, such as changing your trademark or looking into other possibilities.
Next steps after the trademark search
After analyzing of search results, you could consider:
- to file new a trademark application as you wanted before searches
- introduce amendments to the initial trademark: edit list of goods/services, add image or original font, edit word part of a trademark, etc.
- change completely your brand to avoid possible legal issues based on found similar trademarks.
Among the resources where you can check the availability of a trademark are the Trademark Electronic Search System (TESS) and Trademark Status and Document Retrieval (TSDR) of the USPTO, the global brand databases of the World Intellectual Property Organization (WIPO), and Pocket IP service, which houses all the databases and tools in one place.
The current status of the trademark application or registration can be found by using the Trademark Electronic Search System (TESS) on the USPTO website and visiting the trademark’s detailed information page. The TSDR may have more thorough details.
With Pocket IP, it is able to conduct searches using a variety of criteria and review all the specific information in just one place.
On the WIPO website you can get access the Global Brand Database and the International trademarks registered under Madrid procedure.
Pocket IP search tool provides data both from national and international trademark databases in one place.
A trademark check, also known as a trademark search, is a process of investigating existing trademarks to determine if a proposed trademark is available for use and registration. It involves searching databases and other resources to identify similar or identical trademarks that may already be registered or pending.
The purpose of a trademark check is to assess the potential risks and conflicts associated with adopting a particular trademark.
If you have any questions, complaints, or feedback about the procedure or progress of the order, you can send a request to [email protected].
In the request, you should specify the email by which the user is registered and the name of the task (if any).
Pocket IP offers free trademark searches for its users. To request a search with opinions is also possible. To conduct trademark searches with other services or with the “manual” assistance of lawyers could cost a lot.
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