The catch: Even if you conduct a trademark search and don’t find any matches, your application could still be denied. First, however, you need to obtain the applicable design code(s), which you can find in the USPTO’s Design Search Code Manual. What if your desired trademark doesn’t consist of words but rather a design? If you intend to register a trademark that uses an illustration instead of just a simple name, you can use TESS to conduct a design mark search. Checking this system is a great way to possibly avoid a potential rejection based on the “likelihood of confusion” – that is, your application is denied because your proposed trademark is too similar to another and would cause confusion in the marketplace. A search in TESS will also pull up pending applications so you can see if another business is in the process of beating you to the punch. Luckily, the USPTO maintains a database of trademarked terms called the Trademark Electronic Search System (TESS). It’s no use trying to trademark a brand or phrase that has already been trademarked by someone else. You can then use that alternative name to register for a trademark. Since sole proprietors must legally use their personal name as their business name, this affords them the option of selecting a different name to conduct business under publicly. Review the USPTO’s rules and consider the above factors to get a sense of whether your application is likely to be approved before fully embarking on the endeavor.Īnother thing to keep in mind: If you are a sole proprietor, you will need to register a DBA (doing business as) name before applying for a trademark. The trademark process is time-consuming and costs money, so you don’t want to waste effort trying to trademark an ineligible idea. However, it’s wise to understand whether your brand is even eligible for a trademark in the first place. It is particularly important to trademark your business identity if it says something unique about your brand, like your commitment to eco-friendly business.
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