how to search trademarks filed by a specific attorney

The names of attorneys who specialize in trademark law may be found in the telephone yellow pages, or by contacting a local bar association. Most state bar websites offer a searchable online registry of their attorneys, and many bar associations operate attorney referral service programs.

Full Answer

How do you check a trademark?

Check the status of any mark found in the Trademark Status and Document Retrieval database. The TSDR database will have information on whether the mark is currently registered or its registration has lapsed. You'll need the registration or serial number of the mark in question to search TARR.

Why should you get a trademark?

Why Is Trademark Important: Everything You Need to Know

1. What Is a Trademark?
2. Trademarking Your Business Name
3. Trademark Search and Registration Cost
4. The Importance of Trademarks

What are the steps to filing for a trademark?

The Trademark Registration Process

1. Pre-Registration. Before deciding to register a trademark, ask yourself whether you really need it. ...
2. Mark Selection. Once you decide to apply for a trademark, you should choose a unique mark that communicates your brand message and emotions to the customers.
3. The Application Form. ...
4. Evaluation Period and Verdict. ...

How to find a registered trademark?

• Type (tm), which will automatically correct it to make the ™ symbol.
• Hold down the left ALT key while typing 0153 on the numeric section of your keyboard. Release ALT and see the symbol in your browser field.
• Use the INSERT tab and find the symbol.

Are trademark filings public?

Trademark applications and registrations are public records. Individuals and private companies may use this public information to create third-party access to these records.

Is there a way to search trademarks?

Conduct the Search. Search on TESS--the USPTO's web-based Trademark Electronic Search System-at your local Patent and Trademark Resource Center (www.uspto.gov/ptrc) or at home if you have Internet access.

How do I find the owner of a trademark?

How to Conduct a Trademark SearchOpen the USPTO Trademark Electronic Search System online. ... Select "Word and/or Design Mark Search (Free Form)". ... Try the obvious first. ... Make sure you're covering all the bases. ... Expand the field of search. ... Narrow the search to reduce distractions. ... Review the records you found.

How do I find my USPTO attorney of record?

Access TESS and select the “Word and/or Design Mark Search (Structured)” search option. Enter your last name in the first “Search Term” box and your first name in the second “Search Term” box. From the drop-down menu in the “Field” boxes, select “Attorney of Record” as the field for both search terms.

How long does it take to do a trademark search?

There are many factors that affect how long it takes to register a trademark. In fact, there's no guarantee your trademark will ever register, as it may be refused for various legal reasons. Usually, the process takes 12 to 18 months.

How long does a trademark last?

10 yearsA federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

What is a dead trademark?

The USPTO defines a dead mark as: “A dead or abandoned status for a trademark application means that specific application is no longer under prosecution within the USPTO, and would not be used as a bar against your filing.” While you can register a dead mark, other potential issues may make it not worth the risk.

What is an abandoned trademark?

Abandoned means that the trademark application is no longer pending and, thus, cannot mature into registration. During the pendency of an application, a trademark examining attorney will issue an office action letter to the correspondence email address of record.

How do you do design search on USPTO?

2:3410:51So we're going to go to search the trademark database. So this is the trademark electronic searchMoreSo we're going to go to search the trademark database. So this is the trademark electronic search system the test. System. So click on search.

How do I remove an attorney from USPTO?

Log in to access formsChange Address or Representation (CAR) Form.Request for Withdrawal as Attorney of Record/Update of USPTO's Database After Power of Attorney Ends.

How do I change my trademark attorney?

An application to change the counsel or address for service of a pending or a registered trademark can be made through the following respective forms:Pending Trademark: Form TM-M (CORRECTION OF CLERICAL ERROR OR FOR AMENDMENT U/R 37) ... Registered Trademark: Form TM-P (ALTER OR SUBSTITUTE OF ADDRESS FOR SERVICE IN INDIA)

What is the difference between a patent agent and attorney?

In one sentence: The difference between patent attorneys and patent agents is that patent attorneys (who are also patent agents) are licensed lawyers and can practice in court and give advice in all business related legal matters, while patent agents have only passed the Patent Bar Exam and are registered to practice ...

Is a search of federal and state trademark databases enough to uncover a possible conflict?

Not necessarily. In some cases, someone may have "common law" trademark rights simply by being the first to use a trademark in commerce—neither fed...

What are trademark classes?

The USPTO trademark classification system divides all goods and services into 45 trademark classes—34 for goods and 11 for services. There are many...

How do I choose a trademark class?

When you apply for trademark registration, you must identify the class of goods or services that your trademark covers. It's important to choose th...

Who has the authority to exclude a person from serving as an attorney, correspondent, signatory, or domestic representative in?

The Commissioner for Trademarks possesses the authority to exclude a person from serving as an attorney, correspondent, signatory, or domestic representative in trademark matters before the USPTO, when appropriate.

Can the USPTO help with attorney referral?

Most state bar websites offer a searchable online registry of their attorneys, and many bar associations operate attorney referral service programs. The USPTO cannot aid in the selection or recommendation of an attorney. You may also consider the services of the Law School Clinic Certification program. All attorneys and agents practicing ...

How to check if a trademark is registered?

Although it’s very important to check for registered trademarks, the first step is to do some online research. Use a search engine like Google or Yahoo and try to find companies with a similar name to the one you have in mind. If someone else is using your mark, you should seriously consider choosing another one.

What can a lawyer do for a trademark?

A lawyer who specializes in trademarks can help you decide whether other trademarks are confusingly similar, can help you with a trademark search, and help you register the trademark with the USPTO.

What happens if you choose a mark that someone else has already been using?

If you choose a mark that someone else has already been using, you risk being sued for trademark infringement. Also be careful to select a mark that is not confusingly similar to an existing mark, because this also can be grounds for trademark infringement.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

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How do I apply using the Trademark Electronic Application System (TEAS)?

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SEARCHABLE Registered USPTO Attorney or Agent Fields

Name If you want to Search an Attorney by name, enter the Attorney's name in one of the following formats.

NARROW SEARCH RESULTS WITH DATE FIELDS

This feature is available in all the Specialized Search Screens. Once the Searchable Terms like Name ,Firm,State or Country is selected, Narrow the Search down to Current Week, Month, Year or a Date Range.

What can an attorney do for a trademark?

Attorneys can provide crucial legal advice. An attorney who is licensed to practice law in the U.S. and experienced in trademark law can advise you about many important legal issues. These include: Determining if your chosen trademark can be legally protected.

What can an attorney do after trademark registration?

After registration, an attorney can also help ensure that all required registration maintenance documents are timely and accurately filed, so you can maintain your registration for as long as you use your trademark . Attorneys can represent you at the USPTO's Trademark Trial and Appeal Board.

Why do trademarks need to be followed?

trademark law and USPTO regulations must be followed because they govern the trademark registration process before the USPTO, proceedings before the Trademark Trial and Appeal Board, and the conduct of attorneys who practice before the USPTO. We take the unauthorized practice of trademark law very seriously.

How to challenge a trademark?

If a party believes that either they’d be harmed by registration of your trademark or your existing trademark registration should be canceled because it conflicts with theirs, they can challenge the registration of your mark by filing an opposition or cancellation proceeding with the TTAB. Likewise, you can challenge someone else’s trademark application or registration at the TTAB by filing an opposition or cancellation. Oppositions and cancellations are trial proceedings similar to litigation in federal court.

What is the legal responsibility of a trademark?

It's your legal responsibility to monitor and protect your trademark from infringement by other parties. An attorney can help you understand the legal scope of your trademark rights and advise you on the best way to monitor and enforce those rights.

Can USPTO employees give legal advice?

Although USPTO trademark examining attorneys can provide information about the federal registration process, USPTO employees cannot give you legal advice.

Do attorneys have to abide by the USPTO?

We also take very seriously the competency and conduct of attorneys who practice before the USPTO. All attorneys who practice before us are subject to our disciplinary jurisdiction and must abide by the USPTO Rules of Professional Conduct. These require that the attorney:

What can a trademark lawyer do?

A trademark lawyer can help you protect your business’s intellectual property assets such as a symbol or logo. Many or all of the products featured here are from our partners who compensate us. This may influence which products we write about and where and how the product appears on a page.

What is the test for trademark eligibility?

The test for trademark eligibility is whether there’s a “likelihood of confusion” between your mark and another mark. If there’s a similar logo or mark being used by one of your competitors, the likelihood of confusion is high.

What is the part of trademark registration that could make or break your case?

Out of all parts of the trademark registration process, the part that could “make or break” your case is the trademark search. This is when the lawyer searches for other trademarks that could be found confusingly similar to yours. It’s a common reason that trademark applications are rejected.

How much does a trademark attorney charge?

Trademark attorneys can charge around $500 to $2,000 for the full trademark application process and an additional $400-$500 if any delays or disputes arise in your case. In addition to the fees charged by the trademark lawyer, you’ll have to pay several hundred dollars in government filing fees.

How much does LegalZoom cost?

LegalZoom: This is a low, fixed-cost option for trademark search, registration and monitoring. Prices start at $199 for basic services. If you sign up for LegalZoom‘s monthly plan, it will also connect you to a local attorney who can respond to USPTO actions on your behalf.

How to protect your trademark?

The best way to protect your trademark is by registering it with the United States Patent and Trademark Office. While it’s possible to register a trademark on your own, most businesses that go through this process, especially those registering a trademark for the first time, are represented by a trademark attorney.

What is it called when someone uses your trademark without your permission?

Taking action if you believe someone else is using your trademark without your permission (called trademark infringement).

How to search for a word mark?

1. Choose a field to search. 2. Choose your search term. 3. Choose what your results must contain. 4. Choose singular or plural, live or dead.

How to find all marks owned by a person or company with an address on First St?

To find all marks owned by a person or company with an address on First St, use: Search term: First. Field: Owner name and address. Results would also include marks owned by a person or company with “first” anywhere in the address, and marks with “first” anywhere in the owner name.

What is a search term?

A search term is the data TESS searches for in the field you choose. For example, to find all marks owned by a specific person, your search term would be the name of the person and you would search the “owner name” field.

How to find phonetically equivalent marks?

You can broaden your search results to find phonetically equivalent marks by using special characters in place of letters and numbers in your search term . A technique called truncation uses question marks (?) and dollar signs ($), and one called pattern matching uses curly brackets ( {}).

What is the USPTO serial number?

For example, when you submit your completed application, we assign it a serial number. Your serial number is part of your record as well, so it can also be used to search TESS for your mark.

What is S2 in search history?

Your second search used the “owner name and address” field and the search term “Trademan.” This search returns all marks that have “Trademan” in the owner name and address field. It would be labeled “S2” in your search history.

How to find all marks owned by people named Smith?

To find all marks owned by people named Smith, use: Search term: Smith. Field: Owner name and address. Results would also include marks owned by companies that have “Smith” in their company name, and marks that have “Smith” in the owner’s address (for example, “Smith St”).

How to check if your trademark is registered?

Check your state trademarks through the Secretary of State Office to determine if yours is registered.

Why do organizations need to search for trademarks?

As an organization decides the names of their products and other identifying slogans or symbols, they need to make sure that those are not already in use , so that there will be less likelihood of confusion. A trademark search can help accomplish this goal.

How much does it cost to trademark a logo?

In general, the cost of trademarking a service or logo at the federal USPTO office ranges from $250 to $750 (at the time of writing this article). The fee, according to the USPTO, is dependent on two factors—the number of trademarks you seek and the class of goods and services you'd like to trademark.

What is the difference between a trademark and a service mark?

A trademark generally refers to goods, while a service mark applies to services. Having these marks distinguishes you from competitors, offers legal protection, and creates your brand. You can protect your trademark through common law, federal, or state protection.

How long does a trademark last?

Your trademark will last up to 10 years, and if you decide to renew, there are fees associated with the renewal. For renewals in state trademark protection, requirements vary depending on the state. Make sure your work is protected START MY REGISTRATION. About the Author.

What are the four types of trademarks?

The USPTO defines the four types of marks: Fanciful or arbitrary. Suggestive. Descriptive. Generic. Distinct names, logos, or symbols have a higher likelihood of trademark protection.

What happens if you don't trademark your business name?

If you don't conduct a trademark search early in the process and you learn later that your business name is already in use, it can cost you both professionally and financially.