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Simple English definitions for legal terms
trademark search
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A quick definition of trademark search:
A trademark search is when someone looks to see if a name or symbol they want to use for their business is already being used by someone else. They do this to avoid getting in trouble for copying someone else's idea. The United States Patent and Trademarks Office has a tool to help with this, but it's a good idea to get help from a professional search firm too. It's important to do a trademark search before using or registering a new name or symbol to make sure it's not already taken.
A more thorough explanation:
A trademark search is a process of investigating whether a new trademark is already registered or in use by other trademark owners. The purpose of the search is to avoid the likelihood of confusion and infringement of intellectual property rights. It is advisable to conduct a trademark search before using or registering a new trademark.
For example, if a company wants to use a new logo for their product, they should conduct a trademark search to ensure that no other company is already using a similar logo for a similar product. If they find a similar logo, they may need to modify their logo to avoid infringing on the other company's trademark rights.
The United States Patent and Trademarks Office (USPTO) provides a tool called the Trademark Electronic Search System (TESS) to conduct a preliminary search in their trademark database. However, it is recommended to conduct a thorough trademark search with the assistance of a professional search firm because some parties may have "common law" trademark rights as a result of being the first to use a trademark in commerce (even if such a trademark is not registered at the federal or state level).
It is important to conduct a trademark search to avoid legal disputes and protect your intellectual property rights.