Many small businesses and entrepreneurs are not aware of the importance of looking up trademarks at the United States Patent and Trademark Office (USPTO). It is important to conduct a search of existing trademarks before you apply for a trademark registration for two reasons.
Rejection
The USPTO is required to reject your application if your mark is too close to someone else’s registered trademark. A trademark lookup will help you avoid wasting time and money on an application that cannot be granted.
Infringement
If you use a mark that is similar to an existing trademark, you may be sued for trademark infringement. Even if you are not sued, you may have to stop using the mark and pay damages. A trademark lookup can help you identify potential infringement risks early.
How to Lookup a Trademark at the USPTO
The USPTO has a database called the Trademark Electronic Search System (TESS), which contains all of the trademark applications and registrations that have been filed since 1884.
You can use the USPTO’s Trademark Electronic Search System (TESS) to search for existing trademarks that may conflict with your proposed mark.
Final Thoughts
Trademark lookups are an important part of the branding process. They ensure that a trademark is registrable and does not infringe on someone else’s trademark. That makes knowing how, when, where, and why to perform a trademark lookup critical. A trademark lookup can help avoid costly and time-consuming issues if someone else has already trademarked a name, logo, or phrase. This guide explains the ins and outs of trademark lookups.
The USPTO’s TESS database is a valuable resource for small businesses and entrepreneurs who want to protect their brands. Conducting a search of existing trademarks before you apply for registration can help you avoid costly lawsuits down the road.