Doing a Free Trademark Search

Can you really carry out a search for trademarks without paying for it? Maybe, maybe not. There certainly are some sites on the Internet that offer some preliminary information and do not charge for the searches, but their terms and conditions may not be transparent.

What is a trademark exactly? It could be a word, name or symbol, usually officially registered and protected by law, which a company or individual uses as identification on all the goods made or sold by them. It could also be a distinguishing characteristic or feature. When a trademark is registered, the owner gets legal protection to carry on business using that trademark exclusively. No other individual or organization can use the trademark or even anything resembling it without attracting legal action. With such significant advantages, it is best to register the brand you intend to trade under as a registered trademark. The first step in doing so is to conduct a search to find out if the particular trademark you wish to use is available for registration.

A method that costs nothing is to use the Internet to search online. Trademarks already registered are listed on many sites. It is important that the trademark that you intend to use be unique and that is is not already in use elsewhere.

The official body that registers trademarks in the USA is the United States Patent and Trademark Office or USPTO. Their website is available for free downloads from their PT depository library. You can also check the site for availability of identifiable goods. This site however is not all inclusive. Other important information such as trademarks registered in the various states, DBA records and other necessary important facts are not available. The site depends on manual entries for variations such as synonyms, placements, variations in spellings, etc.

State Secretary websites are another online source. Most states have detailed databases made available online. These sites, however, do not include details of federal trademarks, listings of other states and common-law databases. If you are visiting a state's website, make sure that what you are looking at is an updated version and that it can conduct an intelligent search.

You can access the Yellow Pages' nationwide database by just entering the name of your business. There is no need to enter all the other details that are asked for. Like the other websites, you will have to enter details of variations if the website does not conduct an intelligent search.

If you are not satisfied with the outcome of the free trademark search that you have undertaken, you can always hire a professional who specializes in this work. Before doing so, however, why not make use of the free facilities available?

You can apply for a trademark by filing an application to register a trademark with the USPTO. They will conduct their own search to ensure that no other similar or look-alike trademark has been registered. It is not the job of the USPTO to serve the applicants. Their job is to protect existing trademarks. They will do this by ensuring that no new trademark infringes on existing registered ones.

Considerable preparatory work needs to be done prior to applying for registration of a trademark. Depository libraries can be visited and manual searches for existing trademarks can be carried out. The same can be done electronically using TESS. After the application has been made, its progress can be monitored using TARR.

Before any trademark is registered, the USPTO has to ensure that existing registered trademarks do not stand to get infringed by your new application. If there is the slightest chance of this happening, your trademark application is likely to be rejected. To avoid such an outcome, it is best that you conduct your own free trademark searches before you submit your application for registration.