Introduction
If you're starting a business, one of the crucial steps is ensuring that your business name is not already trademarked. The United States Patent and Trademark Office (USPTO) provides a tool called the Trademark Electronic Search System (TESS) for this purpose. This blog will guide you through the steps to use TESS effectively.
Step 1: Access the TESS Website
Open your web browser and go to the USPTO website: www.uspto.gov.
On the homepage, hover over "Trademarks" in the top navigation menu.
Click on "Searching Trademarks" from the drop-down menu.
Select "Trademark Electronic Search System (TESS)" to access the search tool.
Step 2: Choose a Search Option
TESS offers several search options:
Basic Word Mark Search (New User): For a quick search.
Word and/or Design Mark Search (Structured): For more detailed searches, including logos.
Word and/or Design Mark Search (Free Form): For advanced users familiar with search syntax.
For beginners, we recommend starting with the Basic Word Mark Search.
Step 3: Enter Your Search Criteria
In the search box, enter your business name or the phrase you want to check.
Use quotation marks for exact phrases, e.g., "My Business Name".
Click the "Submit Query" button.
Step 4: Review the Search Results
The search results will display a list of trademarks that match your query.
Each entry includes information like the registration number, current status, and owner.
Click on the serial number of any entry to view detailed information.
Step 5: Analyze the Results
Look for exact matches to your business name.
Check for similar names that might cause confusion with your brand.
Pay attention to the status of each trademark (e.g., LIVE, DEAD).
Step 6: Refine Your Search
If your initial search returns too many results, refine your criteria.
Use additional keywords or specify the goods and services associated with the trademark.
Use the “Advanced Search” options for more precise results.
Step 7: Document Your Findings
Keep a record of any trademarks that might conflict with your business name.
Note the registration numbers and the status of any relevant trademarks.
Step 8: Make a Decision
If no existing trademarks conflict with your name, you can proceed with confidence.
If there are potential conflicts, consider modifying your business name or consulting a trademark attorney.
Conclusion
Using TESS to check for existing trademarks is a critical step in protecting your brand. By following this guide, you can efficiently navigate the Trademark Electronic Search System and ensure your business name is unique and available for registration.
Additional Resources
USPTO Trademark FAQs
Trademark Manual of Examining Procedure (TMEP)
By taking the time to perform a thorough trademark search, you can avoid potential legal issues and build a strong foundation for your brand.
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