Introduction to Trademark Searching
A trademark is a word, slogan, design, picture or other symbol used by a business to identify its products or services and distinguish them from those of other businesses. Any organization with a product or service in development or in the marketplace must conduct intellectual property research. Reasons include: to survey technology, avoid R&D duplication, track the competition, and plan strategically. As world markets open and trade is expanded, protection of intellectual property is crucial. Protection of trademarks is one aspect of the new trade agreements.
Although there are many reasons for a trademark search, a primary reason people search trademark records is to find out whether a particular trademark has been registered or not. When a trademark is found to resemble another registered trademark in any way (sounds like, looks like, is identical to, etc.), a case of trademark infringement can be filed against it.
The following is a list of some of the other reasons to search for trademark records:
- To protect one's personal or one's clients' trademarks from trademark infringement.
- To gather data to support litigation concerning a particular trademark or in support of trademark applications.
- To complement manual trademark administration programs.
- To conduct market research and competitive analysis before proposing new products/services.
- To manage global trademark portfolios with valuable registration and renewal date information.
The Trademark Process
Stage 1: Creation. A company will try to create a mark which is as distinctive and descriptive as possible.
Stage 2: Screening. Proposed marks are researched in trademark directories to ascertain whether the trademark is already in existence.
Stage 3: Clearance. An exhaustive search is done of not only identical marks, but also marks which might resemble the proposed marks. In the clearance stage, researchers will look for trademarks that are similar in sound, appearance, or meaning.
Stage 4: Investigation. A search is done to determine the current status of the trademarks identified in the Clearance process.
Stage 5: Opinion. Legal counsel renders an opinion about the availability of potential marks.
Stage 6: Filing/Registration. In the United States, a registrant will file applications for proposed trademarks with the U.S. Patent and Trademark Office (USPTO). The USPTO will conduct its own search to see if the trademark is confusingly similar to any existing marks. If the USPTO does not find that the proposed mark is a threat to an existing mark, it is published for opposition in The Official Gazette.
Trademark Databases
Dialog provides a collection of trademark databases, produced by Thomson & Thomson, that covers trademarks in the United States, Canada, Europe and Asia. After you have registered for the course, you may review a complete list of trademark databases, along with pertinent information about each one.
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