How to Verify if Someone Has Registered Your Company Name as a Trademark

In the business world, verifying if your company name has been registered as a trademark is crucial to avoid legal conflicts and protect your brand identity. This article discusses the differences between a business name and a trademark, how to check for trademark registration, and the significance of using professional services.

Understanding the Difference Between Business Name and Trademark

It's important to distinguish between a business name and a trademark. A business name is merely what you call your business and is typically registered with your state government. In the U.S., this process can be done through the office of the secretary of state. Business names can be registered with similar or even the same titles under certain state regulations.

On the other hand, a Trademark is a form of intellectual property, a word, design, or short phrase that identifies your goods or services. Trademarks are protected under federal law and can be registered with the U.S. Patent and Trademark Office (USPTO).

How to Check for Trademark Registration

To determine if a trademark has already been registered in a specific class of goods or services, you can use the Trademark Electronic Search System (TESS) on the USPTO website. This system provides a comprehensive database of registered and pending trademarks. However, it is crucial to understand that TESS will only show federal trademarks and will not indicate state-level registrations or common-law trademarks.

A common-law trademark refers to the usage of a mark without formal registration. Common-law trademarks exist in jurisdictions where a business entity has used the trademark in commerce. These trademarks do not appear in federal or state registries but can still be enforced under common law.

The Importance of Professional Trademark Services

While you can attempt to conduct a preliminary search on your own, it's highly recommended to seek professional assistance from a Trademark Lawyer. They have the expertise and resources to conduct a thorough and comprehensive search, including:

Checking federal trademark records through TESS

Reviewing state trademark databases for registration and common-law usage

Conducting internet and third-party database searches to uncover common-law trademarks

Assessing domain name availability and web presence related to your trademark

Professional attorneys use advanced search tools and databases that may not be publicly accessible. Additionally, they can provide valuable insights into potential legal conflicts and offer guidance on how to use and protect your trademark effectively.

Why Use a Trademark Lawyer?

Using a trademark lawyer is essential because the registration process is complex and filled with potential pitfalls. A professional can navigate the intricacies of trademark law, ensure that your application is properly filed, and improve the likelihood of success. Furthermore, attorney fees are often justified by the cost savings in avoiding potential legal disputes and the peace of mind knowing that your intellectual property is protected.

Conclusion

While it may seem tempting to conduct a self-search, the benefits of using a professional trademark lawyer cannot be overstated. They offer the experience, resources, and expertise needed to ensure the successful registration and protection of your business name or mark. By choosing the right professional, you can safeguard your brand identity and avoid costly legal issues in the future.