Trademark Searching
Once you’ve settled on a a name, it’s time to search whether or not anyone else is already using the name for the same purpose. Remember, I’m not an attorney and none of this is legal advice. I’m just sharing the hoops I jump through myself each time a new endeavor needs naming.
First, I like to start with the United States Patent and Trademark (USPTO) website: http://www.uspto.gov
On the USPTO’s website, you’ll see three large sections: 1) Patents 2) Trademarks and 3) IP Law & Policy. In the Trademark section, click the “Search Marks” option. It’s the second one down on the list.
This will take you to a page with a box reading ”Select the Search Form.” Click the first option, “New User Form Search (Basic).”
This takes you to the search screen. Don’t change any of the default settings. Type your word or phrase in the box labeled “Search Term.” Don’t change any of the default settings below the Search Term box either. When you’ve typed in your word or phrase hit the enter key on your keyboard or click the “Submit Query” button near the bottom and to the far left of your screen.
If you’re lucky, the next screen you see will say “No TESS records were found to match the criteria of your query” If this does happen, you’ll want to think of shorter or similar spellings of your word or phrase to search. For example, when you search “innoveering” nothing is found. However, searching “innoveer” turns up two results.
If your query does reveal results, all is not yet lost. Look to the far right column in the search results and see whether the mark is designated as “LIVE” or “DEAD.” Unless there are a lot of dead marks, I only check out the live ones. If there are a lot of dead marks, you want to investigate a litte and see if you can figure out why. You don’t want to end up having to abandon your mark for the same reason they did. Also, as boring as it may be, check out all the LIVE marks. I recently had a query turn up over 280 results and the very last one I looked at was a small but aggressive company that had sued many other entities for trademark or copyright infringments.
To check out the live marks, click on the entry. I tend to click on the word “LIVE” because it’s easiest for me. What’s most interesting on the next screen is the second row labeled “Goods and Services.” There will be a number here designating a class and then some words. If you’re lucky the words describing the goods and services will have absolutely nothing to do with your purpose for using the word. In the case of “Innoveer” the description reads “providing consulting services to clients in the fields of customer relationship management and customer management.”
You’ve read my blog and know this isn’t anywhere close to what I do. Just to be safe though, I added an “ing” (I’ve always been a big fan of the active voice) and “Nebraska” (I love Nebraska and am proud to claim it).
If your USPTO search does turn up a similar live result with a similar description, go back to the lists you created while describing your endeavor’s wabi-sabi (see the blog entry right before this one if none of that makes sense).
Once you have a name or phrase that passes the USPTO search, repeat your search with your favorite search engine (Google, Bing, Yahoo, etc.).
I hope this is helpful. It has to be the most boring post I’ve ever made. If you’d like another, broader take on the topic, you should check out Erik Heels’ blog here. This is an important topic and worth the time and effort to research. Good luck and happy searching!





