How to Search Trademarks Effectively in the U.S.

Checking trademarks is very important for businesses when they are starting new products or services and throughout their time in business. Problems with trademarks often happen when someone claims their rights have been violated, which can lead to legal disputes. These issues could be avoided by taking the right steps early on. This article will show you how to search trademarks in the United States, and it will highlight the tools and strategies you need to get comprehensive results.

Why Thorough Trademark Searches Are Crucial

Knowing how to search trademarks thoroughly provides significant advantages:

• Search Saves You Money on Legal Fees: A comprehensive search reduces your chances of using someone else’s trademark inadvertently and avoids problems with lawsuits and fines.
• Help with Branding Choices: Knowing what trademarks already exist helps businesses pick unique names and logos, making it less likely they’ll clash with others
• Ensure Protectability: Searching for existing trademarks helps you figure out if your mark is too common or descriptive, which may hinder its protectability or registration.
• Reinforce IP Rights: Registering a trademark the right way keeps others from using your brand without your approval. This makes your brand stronger and helps you stay ahead of competitors.

Types of Trademark Rights to Consider

When considering trademark rights, there are three main types you should know about:

• Federal Trademarks: These are registered with the U.S. Patent and Trademark Office (USPTO) and provide protection across the entire country. They are the most common type of trademark you will come across.
• State Trademarks: Many businesses don’t pay much attention to state-level trademarks, which are registered within a specific state instead of at the federal level. Every state has its database and provides protection only in that particular state. Federal search will not include the state-registered trademarks hence these databases have to be checked.
• Common-Law Trademarks: These trademarks aren’t registered and come into play through actual use in commerce. To find unregistered trademarks, you will need to dig a bit deeper than just the federal and state databases. This involves searching through business directories, social media, websites, and trade journals.

After you have gained knowledge about the trademark rights, the second step is to conduct a thorough search that includes all of them. At this point, it is where the tools and methods that are provided by the USPTO play a vital role.

Tools for Trademark Searches: The USPTO’s Updated System

The USPTO has a robust database to help people search for trademarks. In 2023, the USPTO launched a new, modern search platform that works on the cloud, replacing the older system called Trademark Electronic Search System (TESS). This new platform makes it easier to search for trademarks by offering:

• A User-Friendly Interface: Tailored for both novices and seasoned users. Enhanced
• Search Functionalities: Features logical operators, wildcards, and proximity searches.
• Advanced Features: Allows custom queries based on specific fields, such as owners or product and service descriptions.

The USPTO’s updated system makes trademark searches more accurate and faster, making it a must-use tool for anyone looking up trademarks in the U.S.

Old TESS Search System Appearance 

New Search System Revamped Look 

How to Search Trademarks: Simple or Complex Searches

Trademark searches can be done in two ways: simple or complex searches, depending on how much information you need. Here’s how to do each one:

Simple Searches:

Simple searches are useful for quick checks or basic questions. The USPTO offers different ways to search:

• General Search: This is the basic search that checks trademarks, owner details, and descriptions.
• Wordmark Search: Find trademarks that have specific words in them.
• Goods and Services Search: Look for trademarks linked to certain products or services.
• Owner Search: Find trademarks owned by particular people or businesses.
• Serial Number Search: Search for trademarks using their special serial numbers.
• Registration Number Search: Look up a trademark using its registration number. 

For example, if you search for the term “black diamond”, you might get many results. You can narrow these down by using filters like LIVE/DEAD status (active or inactive trademarks), Nice Classes (categories for goods and services), or specific industries.

Complex Searches:

For companies that require thorough analysis, advanced search options allow them to create very detailed and specific searches. These options are particularly helpful when checking for potential conflicts in crowded markets or when the trademark being considered has small but important details, such as similarities in design or sound similarities.

Advanced Search Features:

1. Field-Specific Queries: These allow the user to focus their search on specific details like the names of owners, descriptions of products and services, or design codes.

2. Logical Operators:

These help improve search accuracy by allowing users to add or remove specific terms, making it simpler to handle large amounts of data.

Common Logical Operators:

• AND: Shows results that must meet all the given conditions. For example, CM: black AND LD: true, will find trademarks with the word “black” that are still active.
• OR: Shows results that meet at least one of the conditions. For example, ON: “Johny Abott” OR ON: “Johny D. Abott”, will find records for either of these trademark owners.
• AND NOT: Excludes results that match a specific condition. For example, CM:*black* AND NOT DC:*, will find trademarks with “black” but exclude those with any design code.

Advanced Logical Operators:

• Range Designation: Use [ TO ] to define a range.
  Example: RD:[2023-01-01 TO 2023-12-31] retrieves trademarks registered in 2023.
• Grouping Sub-Queries: Parentheses () group conditions.
  Example: (CM: rise OR CM: shine) AND CM: thunder, retrieves trademarks that contain “rise” and “thunder” or “shine” and “thunder.”
• Proximity Search: Use the tilde ~ to search for terms within a specific proximity in quoted phrases.
  Example: C M: “rise shine”~5 retrieves variations like “rise & shine” and “shine and rise” within five words of each other.

Proper formatting is key when performing these searches. For example, field tags like CM: for marks or ON: for owner names must be followed by the search term, and multi-word terms should be enclosed in quotes.

Wildcard Searches:

This search offers greater flexibility by allowing users to identify variations of terms:

• Asterisk (*): Matches zero or more characters.
  Example: CM:*test* retrieves terms like “testing,” “testimony,” and “test.
• Question Mark (?): Matches exactly one character.
  Example: CM: test? retrieves terms like “tests,” “testy,” and “test4,” but not “test.”

Proper formatting is key when performing these searches. For example, field tags like CM: for marks or ON: for owner names must be followed by the search term, and multi-word terms should be enclosed in quotes.

Trademark Search Examples

Here are some simple examples of how to search trademarks using the USPTO’s system:

• Search by Mark: To find trademarks that include the term “rabbit,” use the query CM: rabbit. This will show all trademarks with that term. 
• Search by Owner’s Name: To find trademarks owned by someone named “John Doe,” use the query ON: “John Doe”. 
• Search by Class Number: To find trademarks registered under International Class 33 (for specific goods or services), use query IC:033. Always use the three-digit class number.
• Search Only Active Trademarks: To see only active trademarks, add LD: true to your search. This will hide inactive trademarks. 

Here’s a quick table to help you remember the most common search types: 

Reviewing the Search Results 

Once you finish your trademark search, it’s essential to carefully go through the results. Here’s what to pay attention to: 

• Active vs. Inactive Trademarks: Active (LIVE) trademarks might lead to conflicts, while inactive (DEAD) ones are usually not a problem anymore. This difference is important when checking for potential issues. 
• Trademark Categories: Knowing the categories where trademarks are registered helps you see which industries or areas they belong to. 
• Trademark Ownership: Looking up who owns existing trademarks can show you who your competitors or possible partners are in the market. 
• Logos and Designs: If you’re working with logos or designs, use the USPTO’s Design Code Search to find similar ones. This helps you avoid creating something that looks too much like someone else’s and could cause trouble.

International Trademark Considerations

For businesses aiming to expand worldwide, it’s crucial to understand how to search for trademarks in other countries. Use tools like the WIPO Global Brand Database or regional systems (such as EUIPO or CIPO) to see if there are any similar trademarks in other markets. Doing an international trademark search is key to ensuring your brand doesn’t infringe on someone else’s rights in different countries, especially if you sell products online or ship goods abroad.

Conclusion

Learning how to search trademarks is a key step to keeping your ideas safe and avoiding expensive legal troubles. It helps ensure your trademark is unique and lowers the risk of copying someone else’s work. By using the USPTO’s better search tool and checking state and common-law trademarks, you can spot potential problems before they grow into bigger issues.

While a simple trademark search is accessible to anyone, navigating the complexities of trademark protection demands expertise. Partnering with Sagacious IP, you get access to advanced tools, detailed analysis, and expert guidance to identify possible risks. This helps you avoid legal problems and secure a strong future for your brand. Start your trademark search with Sagacious IP today and protect your intellectual property with confidence.

– Inderpal Singh Chowdhari (Trademark Team) and the Editorial Team

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