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Why Apply For Similar Trademarks ?
Before applying for trademark and making the payment, you should search your trademark might be someone already has that mark registered. This will avoid application for duplicate works. This will also save your money as if the application is rejected, no amount is refunded.
Search you trademark in 3 simple steps
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Federal & State Plan
Search of pending and registered U.S. Federal trademarks.XXXXXX
Search of pending and registered trademarks from all 50 States.
We’ll email you the trademark search report in a PDF file so you can easily read, save or share it with others.
Includes everything from Federal and State search plus:
Search of pending and registered trademarks from common law sources, including magazines, newspapers, business directories and more.
Search of business names (including corporations, LLCs, DBAs and others) from all 50 states.
Worldwide and U.S.
Includes everything from U.S. Comprehensive search plus:
Search of pending and registered International trademarks including: Canada, European Community, United Kingdom, Germany, and World Intellectual Property Organization (WIPO).
Frequently Asked Questions
- When you apply for federal trademark registration the U.S Patent and Trademark Office (USPTO) will search for all registered as well as pending trademark application in order to check whether there are other similar marks present or not.
- If trademark office finds another likelihood of confusion between your mark and another mark, your application will be refused to get register for a trademark.
- It is a good and more preferable idea to search the USPTO database for similar marks before you use trademark search service or file your application.
- It is pertinent to mention if you file your application without conducting a search and your application gets rejected or refused, the filing fee is not refundable.
There are basically two elements of “likelihood of confusion”.
The mark themselves must be so similar that they are not identical.
Goods or Services that the mark identify is related to each other.
Even unrelated goods or services can have similar marks without creating a likelihood of confusion.
If you only conduct a registered trademark search, then you may miss the business which is closed by the use of that similar name. A trademark is a wider term so you need to look around for similar businesses offering goods and services with the same name, logo, brand etc.
- Try to uncover all the marks that might be similar to yours.
- Go through the alternative spelling of words as well as similar artistic design.
- The website of USPTO has additional information and tips for conducting your own trademark search.
If someone else is using the similar mark for the similar purpose then it might restrict the scope of your business as well as the ability to protect your mark.
All you have to make sure that you will use the good sample of your brand and go thoroughly at all the fields which may want to put in it.
- All mark containing designs
- Figurative element
- 6 digit numerical code(s) for the purpose to search.
- By the use of TESS, you can conduct a design search code.
- In order to search a design code access the Design Search Code Manual. This manual will help in selecting the Categories Divisions, and Sections that make up these codes.
If you find something which makes you think that any mark might conflict with your mark. You should go through the status in order to check the application or registration is still in existence or not. Any new application cannot be blocked by a dead mark.
A domain name search may focus on “exact” or “dead on” hits with no consideration given to the similar name or goods and services.
It will be preferable if you choose to conduct the more comprehensive search which includes:
- The records of an individual states
- Search online for companies in order to ignore the further disputes.
- However, it is mandatory to ensure your proposed trademark is available with a comprehensive trademark search.
When you registered a trademark through the TrademarkCart not only the basic trademark search is included but also it includes a more thorough search for similar as well as for comprehensive mark. Start protecting your brand today by trademark registration.
- The date first used in commerce
- The registration
- Serial number