How do you check if a name is already trademarked?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)’s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.

Can you use a trademark name that already exists?

If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.

Can a trademark contain another trademark?

A regular, not famous trademark can coexist with similar or even identical trademark, if it is for completely different products, like dog food and furniture. Is the owner aggressive? The key question! Some trademark owners act as if they have to attack each and every similar trademark they stumble on.

How do I run a trademark search?

Conduct the Search. Search on TESS–the USPTO’s web-based Trademark Electronic Search System-at your local Patent and Trademark Resource Center (www.uspto.gov/ptrc) or at home if you have Internet access.

Can you sue someone for using your trademark?

A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.

Can two companies trade under the same name?

You can use as many business/trading names as you like, but you should avoid using one that is the same as the registered name of a company in the same industry. This could be viewed as ‘passing off’, which would mean you were taking advantage of a company’s goodwill and trust.

What if someone has a similar trademark?

The Office will conduct a trademark search to see if your mark is “confusingly similar” to marks that are already registered or pending application. Your application will be rejected if the Trademark Examining Attorney finds a conflict.

How do I find out who owns a trademark?

Steps to Check for a Trademark Log in to the official website of trademark registration in India: https://ipindiaonline.gov.in. Click on the trademarks tab and then click on public search.

Can I use a company name that already exists in another country?

Yes, someone else can get a trademark for your brand name in another country. Reason being that trademarks are teriitorial in nature which means that you have to get them registered in every country seperately.