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Trademarks


Last modified: March 2, 2012

Trademarks - Trademark Search


Searching for Trademarks

Be sure to look for:

  • Identical marks across all trademark classes, as well as confusingly similar trademarks.
  • Likelihood of confusion with other registered trademarks. Check all variant spellings to ensure that your trademark is not confusingly similar with another registered trademark.

Federally Registered Trademark Search

US Trademark Electronic Search System (TESS)
Can be searched for trademarks that consist of words, letters, or phrases. Contains more than 2.9 million pending, registered and dead federal trademarks. TESS is updated once every two months.

A search in TESS should be followed by a search in the Official Gazette of the Patent and Trademark Office which will cover up-to-date information that will not have been added to the electronic search system.

Design Search Code Manual from the US Patent and Trademark Office
Allows you to search for trademark designs by identifying marks within the design. The introduction contains instructions for using this manual to identify designs.

State Registered Trademark Search

In Arizona, trademarks and trade names are registered with the Arizona Secretary of State. Search for registered names in Arizona on the Registered Name Information Search. Additionally, the office will check up to 5 names or words per phone call. For more information see, contact:

Office of the Secretary of State
1700 West Washington, 7th Floor
Phoenix, Arizona 85007
(602) 542-6187 or 1-800-458-5842 (state of Arizona only)
Hours: Monday – Friday, 8am – 5pm, except holidays

For state trademarks outside of Arizona, check with the appropriate agency for that state. Registration responsibilities vary by state, check with the Secretary of State or department for commerce or corporation.

Non-registered (or Common Law) Trademark Search

Searching for unregistered trademark is the most difficult of the three searches. You will need to search business listings for your area to find unregistered trademarks that may be identical or confusingly similar to your mark. Some suggested resources are:

Telephone Directories
Listing of online web phone directories

D & B Regional Business Directory
Phoenix/Tucson

 

Last modified: March 5, 2012

Trademarks - What is a Trademark?


Please Note

While we will gladly assist you with your search, we cannot perform searches or dispense legal information.

What is a Trademark?

A symbol, word, phrase, design or any combination of these which identifies and distinguishes products and services of one party from those of another.

  • Trademarks registered with the US Patent and Trademark Office are identified with the ® symbol.
  • Federal trademark rights last for up to 10 years and can be renewed indefinitely in 10 year increments
  • Trademarks can lapse between the 5th and 6th years if the applicant cannot show continued use of the Trademark during the previous 5-6 years.

Registering a trademark will not prevent others from selling the same or similar product or services, but it will prevent others from doing so under the same or a confusingly similar name or design. Marks are considered to be confusingly similar if they:

  • sound alike
  • look the same
  • have the same meaning or commercial expression.

Registered trademarks should not be confused with service marks or unregistered trademarks.

  • A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a particular product.
  • An unregistered (or common law) trademark is only valid in the geographic area where it is recognized. The trademark is valid until the owner stops using it.

Last modified: March 5, 2012

Trademarks - US Trademark Resources


Registered Federal Trademarks

US Patent and Trademark Office (Trademark Section)
The starting point for the USPTO's trademark information. Click on the link for "SEARCH Trademarks" to access the USPTO's free trademark database, which includes the full bibliographic text of pending and registered trademarks. Updated weekly. Read and understand the HELP section, the News! section and the Database Update Information section of the TESS main page prior to using this database. Images are available for most trademarks which have images associated with them, but there is a substantial delay between issuance of a trademark and availability of the image, due to the time required by the scanning process.

Design Search Code Manual from the US Patent and Trademark Office
Search for trademark designs by identifying marks within the design. The introduction contains instructions for using this manual to identify designs.

Unregistered Trademarks

You will need to search business listings for your area to find unregistered trademarks that may be identical or confusingly similar to your mark. Some suggested resources are:

 

Last modified: March 5, 2012