One legal requirement for registering a trademark in the U.S. is that the new proposed trademark be unique for the associated trademark Class. This means that the proposed trademark cannot be the same as OR confusingly similar to an existing registered trademark for the associated trademark Class. The trademark Class matters because it is possible for the same trademark to be registered to two different persons/entities but in wildly different Classes. DELTA is a good example since the wordmark used with airline transportation is different from the word being used with bath and kitchen plumbing fixtures. There is no likelihood that consumers would confuse the trademarks used on such very different products.

When trying to ensure the availability of your proposed trademark, the process is called “doing a trademark search.” When first doing a trademark search, it is probably simpler to not worry too much about the trademark Class. It is generally business-wise to conduct a trademark search well in advance of making marketing and branding strategies because it is possible your proposed trademark is already in use. Often, it is easier and less expensive to create a new proposed trademark. Moreover, sometimes the proposed trademark only needs some tweaking to make it sufficiently different from any existing registered trademark.

Every trademark search starts with an online search engine. This is the quickest and least expensive way to find every obvious trademark conflict. While this works best for trademarks that are words or phrases, it can also locate trademarks that are designs or logos. Generally, online search engine queries should not be deemed sufficient.

The next common step is to access and search the trademark database operated by the U.S. Trademark Office. The search engine is very good and is designed to allow searches for designs and logos. For example, if your proposed logo has a hawk or eagle as part of the design, there are ways of searching specifically for designs/logos containing hawks or eagles. The Trademark Office’s database contains all registered trademarks, all expired or lapsed registrations and ones that were denied or abandoned.

For an even more complete and exhaustive search, the next step is to search the trademark databases at the state levels. Trademarks can be registered at the federal and state levels. Each state will have a database similar to the one maintained by the federal Trademark Office. Searching all the state databases will be time-consuming, but it may be worth it to ensure availability. The value of doing state-level trademark searches has increased in the last few years as more and more states have legalized personal use of cannabis. Since cannabis is still illegal at the federal level, cannabis-related trademarks cannot be registered at the federal level. This has led to a huge upswing of state-level trademark registrations as many cannabis businesses have been forced to register cannabis-related trademarks at the state level.

Contact the Trademark Attorneys at Revision Legal

For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.