How to initially search for trademark or service mark names in the United States?
It is difficult to get your business name trademarked without any objection by the USPTO examiner due to the high demand of name protection in the US. The USPTO trademark registration is limited to the United States only.
What is the Difference between a service mark and a trademark?
- A service mark is used and registered for the service of intangible items such as accounting or web designing.
- A trademark is used and registered for tangible goods or items such as food or appliances.
Checklist of trademark name search
You can follow the following checklist items to minimize the chances of your trademark application rejection by the USPTO examiner. This is because it is almost impossible that examiners do not come with any additional questions or may ask you to justify the name which you are going to use is not similar with the existing business name, and represent your products or services. Registration of trademark names or service mark names are very complex and lengthy processes and rejection chances are very high.
- Visit the USPTO website to search if similar names exist, because you cannot file it if the name already exists.Generally USPTO examiners do not consider the supporting words, such as is, the, to, etc.
- Similar or closer sounds of the trademarked name may become a cause of rejection of your trademark application.
- Similar logo designs may become the cause of an application rejection.
- We recommend that you protect your trademark name before the logo.
- After initially searching the trademark name you have to choose the right class for your business. For example, you cannot choose a plumbing business class for your accounting business.
- You have to define the idea of your trademark or service mark name and how your trademark name represents your products or services?
- You have to provide translations of your trademark name if it is not in English language.
USPTO generally takes three months to review trademark applications.
