First you fill-in our easy-to-understand questionnaire
Then we conduct a comprehensive trademark search for you
And finally we prepare a comprehensive easy-to-understand and evaluate report and upload it to your account for review
A comprehensive search will tell you if marks similar to yours are in use by businesses (even if they are not registered) or even already registered with the USPTO. Such similar trademarks that can be confused with yours might affect your ability to use, register and protect your trademark.
USPTO considers a trademark conflict in the situation when one trademark presents confusingly similar characteristic with another one which is registered and/or being used by another business in commercial activity. In determining if there is a trademark conflict between two or more trademarks, USPTO uses two main criteria:
The degree of similarity between the trademarks
The connection between the products and/or services represented by the trademarks
The main factor taken into consideration is if two trademarks are similar enough to create confusion in the mind of the consumer. In the case of two trademarks that are similar, but which are being used for unrelated products or services, they might both be allowed to be registered.
Not always, and the main reason is that a business might have “common law” trademark rights because they are the first to use it in commercial activity, even if they haven’t registered the trademark at a state or federal level. Because someone who has used the trademark in commerce before and therefore has common law rights can challenge your right to register the mark, it is better to check registered corporate names and the Internet also, and to avoid resuming your search to state and federal registries.
There are 45 trademark classes including 34 trademark classes for goods and 11 classes for services that are being used by the USPTO to classify trademarks. Choosing the right classes is not easy since the affiliation is not always clear from the name of the class. Once you have chosen the classes for the product and services your trademark will protect and you apply your request for registration, the classes can no longer be changed and your trademark will protect only the products and services you have included in your application. Make sure you know exactly what classes you need to include. Find out more about trademark classes.
When you choose trademark classes you need to make sure:
1) You have chosen the right trademark classes for your products and services, because otherwise your application might not be accepted,
2) You have chosen all the suitable product and service classes, because once you have applied for registration you cannot change the name or switch between classes.
You also need to make sure there are no other similar trademarks already in use or registered. For a comprehensive trademark search, you can use the “trademark identification manual” available online, to help you find the right trademark classes. If you need more information on trademark research and choosing the right trademark classes, contact us by email or phone.