Significance

• While it is not mandatory, the USPTO recommends you conduct a trademark search prior to submitting your trademark registration application. By performing a trademark search, you may save time by identifying potential problems with your trademark and correcting them before submitting your application. Additionally, you can explain differences between your trademark and similar trademarks in the search statement portion of your application. You can conduct your trademark search utilizing the free resources on the USPTO website.
  
  

Types

• There are two types of trademark searches, including one for words and one for designs. If your trademark uses only words, you can conduct your trademark search using search words via the Trademark Electronic Search System (TESS). If your trademark uses designs, you will still use TESS. However, you will need to refer to the USPTO Design Search Code Manual to identify design codes to use with TESS. Of course, if your trademark includes both words and designs, you will need to conduct both types of searches.
  
  

Features

• The Trademark Electronic Search System, which contains a database of more than 4 million federal trademarks, offers detailed instructions and helpful information, as well as several search options. When conducting a trademark search using TESS, you can choose between five search forms. The new user form searches the most common search fields, such as word marks, registration numbers and trademark owners. The structured form offers a Boolean search option. The free form requires the use of more complicated search techniques. The browse dictionary enables you to enter your search word and find the most common words similar to yours. This information can be included in your search statement portion of your application. Finally, you can also search for a specific trademark by its publication or registration date.
  
  

Benefits

• Conducting your own trademark search or hiring an attorney to conduct the search for you provides you with information to help you assess the likelihood of your trademark being registered by the federal government. It enables you to make changes or alterations to your trademark to differentiate your trademark from other known trademarks. It also potentially saves you time and money by lessening the chance of you unknowingly applying to register a trademark already in use.
  
  

Considerations

• A federal registration is not the only way a trademark can be legally owned. Rights to a trademark can also be established through common law, which means the first to actually use the trademark has rights to the trademark. Since these trademarks are not federally registered, you may also want to perform a common law trademark search. This search involves looking through phone books, directories and state trademark registries. It is not a necessary search step to file an application with the USPTO, but it can be useful by adding to your general awareness of the proliferation of trademarks similar to yours.