Trademark Search: A Professional and Practical Guide

Business, Intellectual Property

by | Dec 4, 2018

Trademark Search Challenges

Trademark search efforts are complex. You should conduct a trademark search before filing a trademark application. Accordingly, using an attorney is a good idea.

Where to Conduct a Search

Firstly, you can conduct a trademark search by going to the USPTO website. Indeed, USPTO stands for “United States Patent and Trademark Office”. Then, on the website, you will find a software system called TESS. Next, this system allows you to conduct trademark searches.

Also, consider having an attorney conduct the search.

Benefits to Having Your Attorney Conduct a Search

  • Ease of navigating the many legal requirements,
  • Attorneys can answer legal questions from the USPTO, and
  • Allow you to have the best chance of obtaining a registration.

Trademark SearchWhy Do a Search?

To determine several things:

  • If your trademark or service mark is registrable,
  • The likelihood of confusion with another mark, and
  • Whether your mark is strong enough to justify registration.

A Strong Trademark is Vital

Also, answering these questions will help determine the strength of your trademark:

Is it…

  • Descriptive?
  • Fanciful?
  • Arbitrary?
  • Generic?

Author

  • Ismail Amin

    Ismail’s legal experience encompasses serving Fortune 500 companies, mid-sized privately held companies, and entrepreneurs. He presently serves as Corporate and Litigation Counsel to large and mid-sized businesses throughout California, Nevada, Texas, North Carolina, and New York as well as General and Personal Counsel to high-profile hospitality operators in California and Nevada. Ismail’s practice emphasizes Business and Intellectual Property matters, with a focus on healthcare, biopharmaceuticals, biotechnology, and hospitality. Ismail has counseled the firm’s healthcare provider clients in acquiring or selling assets while maximizing return and minimizing risk. He has helped clients acquire or sell over $1 billion worth of healthcare-related assets, including hospitals.

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