If you want to protect the rights of your invention, getting a trademark for it is the way to go. It can make sure that no one can use your discovery for profit without crediting you. However, receiving a trademark is not an easy task. You have to apply for the license, and after a long and time-consuming process, you will be awarded a TM for your creation. There is also the possibility of cancellation of the application at any time for various reasons. On top of it, applying for a trademark is an expensive process as well.
But do you know what a trademark is? Well, a TM is a combination of word, phrase, design, or symbol which distinguishes whether your product is unique or copied from others. Now you might be wondering what things you can get trademarked? Well, for this, you have to follow the below items to distinguish your business from others.
● Your product or business name
● Your logo and design
● A product package
Because of these reasons, you should always do your research before applying for the trademark. One of the main reasons for the trademark application cancellation is if someone already had received or registered for a TM for a similar product. The best way to make sure something like that does not happen is to conduct a trademark public search online. That way, you can make sure that you do not waste your money applying for an already existing trademark. But exactly how do you conduct an online trademark search? Well, it’s a simple process. Some multiple websites and software allow you to do that. Some of them are free of cost as well.
So, do you know how to search trademark online? Well, there are many different ways to do so. But before that, you have to follow some specific rules further, decreasing the problems and infringements. Here are few tips to consider before you conduct a trademark search online for free.
Do some online research.
One of the best methods for a trademark search online is to go through some online sites. Before searching on the web, the best option is to open the USPTO trademark search page, and you will find both registered and pending trademark applications there. It will help you in getting the perfect result and saves you from infringement. Furthermore, online research gives you plenty of options with just one click, and it is time-saving than visiting the trademark library.
Cover all the areas
Before you search for your trademark, make sure that you are covering all the areas carefully. Suppose your trademark consists of graphics and symbols which are similar to other brands. In that case, you have to use a design code to search for it. But this is not a DIY task. So, always consult the design search code manual from the USPTO website to obtain a more fruitful result.
Look for pre-existing applications.
When you are conducting the research, you should remember that there are different kinds of trademarks. But what do we mean by that? Well, during the search, you will come across various existing TMs. However, some of them might have expired due to some reasons. Looking into these can help you in your trademark applications as well. You will be able to figure out the reason for their rejection. Knowing these can give you an insight into the selection process and help you avoid the same mistakes.
Explore conflicting marks
Finding a conflicting mark is necessary. Always verify whether your trademark application conflicts with other applications and registrations or not. But what will happen if you do not locate it in the USPTO database. Well, for this, you have to do a common law search to know whether someone currently uses the trademark or not.
Expand your research
If you do not find any related trademarks, do not stop your search. To get a more beneficial result, you should expand your research by going beyond the Government records. It is advisable to verify the phone and industrial directories, yellow pages, state records, Google, and others. The entire process is known as common law search. It will protect you from infringement.
Be creative with the research.
To avoid infringement or other legal issues, be creative with your trademark discovery. Suppose if some portion of your trademark matches with others, you may face infringement issues. That is why, change the word order, use synonyms, alter the spelling, add a comma and quotation marks to make it a unique one. In that way, you can bypass the issues that many people face while doing a trademark.
Review the records
After searching and collecting all the information, review the record, serial, and registration number to avoid further complications.
Appoint a TM attorney
Forget the above considerations and hire a trademark professional to get a more positive outcome. Buy why appointing them is beneficial? Well, you might miss some vital points or use the wrong path for a trademark search. That is why calling an expert will eventually help you to obtain the desired result with no risks of infringements. Besides, they also give you legal advice if you face any difficulties regarding your TM. Keep in mind that you cannot solve the legal issues without them. So, do some quick online search and appoint the best trademark professional as soon as possible.
Wrapping it up
So, it is true that you can conduct a free trademark search online by yourself. But it is always advisable that you should hire a specialist before you begin your research. Remember, after applying, you cannot change anything, even if you found some similarities with other inventions. Your application will eventually get rejected. That is why consulting a TM search attorney, getting their piece of advice, and draft the application accordingly. In that way, the chances of getting a trademark approved increase with no fear of infringement. So, do not waste time. Do your proper research and seek the help of experts to make your invention accessible for all.
