Tampa Trademark Search
A trademark search involves looking at different sources, such as trademark databases, to find out if a certain trademark or service mark 1) violates the rights of a previous user and 2) can be registered with the USPTO (“USPTO”).
Tampa is full of small businesses and entrepreneurs. And as we know, almost every business sells goods or services under a trademark or service mark. A trademark or service mark is any word, name, symbol, device, or combination of these things that is used to recognize and set apart the goods and services of one seller or provider from those of another. Most smart business owners and managers will do a trademark search before building a brand.
Many companies will spend a lot of time, money, and other resources on building its brand. Before investing in a trademark or service mark, a company should check with the USPTO to see if there are any available and if they can be registered. Because of the risk of infringing on someone else’s mark and the fact that they can’t protect their brand if they don’t have a trademark or service mark or can’t register one, many decision-makers won’t spend time or make one. A lawyer who knows trademark law should do a legal study to see if a trademark or service mark is free and can be registered with the USPTO. The lawyers and staff at The Plus IP Firm have successfully registered hundreds of trademarks and service marks for their clients.
Why is a trademark search needed? A trademark search is needed to see if there is a “likelihood of confusion” between a trademark or service mark and another trademark or service mark that was filed or registered with the USPTO before the filing date of a registrant’s trademark or service mark application in locally in Tampa or anywhere in the United States. After a trademark or service mark application is filed with the USPTO, an examining attorney at the USPTO does their own trademark search to see if the trademark or service mark is likely to be confused with another trademark or service mark that was filed or registered with the USPTO before the date the registrant’s trademark or service mark application was filed.
When figuring out if there is a chance of confusion, an examining attorney at the USPTO looks at the following:
- How similar or different the marks are;
- How well the goods or services go together;
- How the goods or services get from one place to another;
- The terms under which the goods are sold and bought, such as “impulse” buying vs. careful, savvy buying;
- How many and what kinds of similar marks are used on similar goods or services;
- The existence of a likelihood of confusion.
Even though it’s not required by law to do a trademark search before submitting an application to the USPTO, it’s a good idea to do so to find out if a trademark or service mark can be registered. A professional trademark search will find trademarks or service marks that may affect an applicant’s ability to register a trademark or service mark. The lawyers at The Plus IP Firm always suggest doing a trademark search before filing a trademark or service mark application with the USPTO.
From what we’ve seen, examining attorneys at the USPTO sometimes turn down trademark and service mark applications because of a bad analysis of the likelihood of confusion. If you got a 2(d) rejection or Office Action from the USPTO, which is a rejection based on the likelihood of confusion, the lawyers at The Plus IP Firm can review and advise on it. Several 2(d) or probability of confusion rejections have been overturned thanks to the work of the lawyers at The Plus IP Firm.