What is a Trademark or Service Mark
A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Some trademarks are based on identifying shapes (such as a bottle), textures, sounds, colors or smells.
A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are often used informally to refer to both trademarks and service marks.
Registered trademarks are trademarks granted additional legitimacy by the appropriate government agency. U.S. business names are protected under other legislative laws. State governments also register trade and service marks. In most countries, but not all, registration of a mark is not required to gain legal protection. Most marks are not registered, and may be legally protected by common law, to a lesser degree. All of these types of marks can be used to stop others from using identical or similar marks.
Searching Existing Registered Trademarks:Although not required, we recommend that you conduct a search in the USPTO TESS (Trademark Electronic Search System) for any mark for which you may want to seek federal trademark registration. The purpose of the search is to help determine whether any mark has already been registered or applied for that is similar to your mark AND used on related products or for related services. The USPTO cannot provide guidance as to how you should search, beyond the HELP provided within the TESS site. However, at a minimum, please understand that a complete search is one that will uncover ALLsimilar marks, NOT just those that are identical.
Pre Application Considerations
Applying for Registration
Online forms are available for registration (TEAS), with lower fees than for paper applications. Once you submit an initial application, either electronically or through the mail, the USPTO will not cancel the filing nor refund your fee, unless the application fails to satisfy minimum filing requirements. Filing an application does not guarantee registration. The filing fee is a processing fee, which USPTO does not offer a refund even if a registration cannot be issued after reviewing an application.
Library staff cannot offer legal advice, conduct searches, assist in writing applications, guarantee completeness of searches, or advise on ideas.
- No matter how your search goes, keep in mind that trade and service mark registration is a legal procedure and can involve significant intellectual property and business operating investments.
- Our services are designed to support the individual or corporate/legal researcher's efforts to conduct self-directed and preliminary research.
- All final research, regarding intellectual property determinations, should be done in consultation with proper intellectual property legal professionals.
- We will make every effort to protect the confidentiality and privacy of researchers.
Trademark Continuum of Distinctiveness
WEAK STRONG
Trademark Search Tips
Use caution when conducting a Trademark Search
When examining a trademark application, USPTO examiners search only for trademarks that are registered with the USPTO. They do not search state or common law marks. However, a state, common law, or an abandoned trademark registration may still be in use in the marketplace that may conflict with your mark.
IMPORTANT: Keep a record of where and how you searched for existing trademarks and the results of your searches.
1. Describe the Products or Services to be Sold with the Trademark.
2. Identify the Words and Phrases Used by the USPTO for Your Product or Service.
Search the Acceptable Identification of Goods and Services Manual to locate official terms that describe your good or service. Consider synonyms; for example "flying discs" is the acceptable term for a flying saucer-type toy. The Goods and Services Manual is just a guideline. It’s okay to use your own description if you can’t find an appropriate match. Check for abolished terms. Existing trademark registrations may contain older terms no longer in use.
A basic word search will show all acceptable identifiers using that word.
Is my Trademark or Service Mark or Logo available?
The Key Questions:
- Are the words OR designs of your mark identical OR confusingly similar to another mark already in use?
- Are the types of goods or services being sold under the mark identical or closely related?