You should not file a trademark application without first researching the process and doing a trademark search to determine whether another business is already using a trademark that is identical or similar to yours. You should search both word marks (for example, corporate names) and image marks (for example, logos). Understanding the steps involved will make the process easier for you and will hopefully lead to a federally registered trademark.
You are probably wondering what a good starting point to start your research may be. Try using simple and familiar web tools, such as Google and Bing. Typing your intended mark into these tools will provide you with great information. Also, if you are intending to trademark a logo, you could check against existing logos into the Google’s image search. Start by dragging the photo into the search bar, and Google will return any images that appear similar. This is not an exact process, but it does serve as a decent starting point. If you see that your mark is already being used then you know you might need to start over. If you do not find any current uses of your mark, the process is still not over because Google or Bing does not provide a comprehensive database of registered trademarks.
If you found no use of your mark through Google or Bing, you could search the registered trademark database through the USPTO called Trademark Electronic Search System (TESS). This database contains the records of active and inactive trademark registrations and applications. If you do use the TESS database on your own, it is important to keep in mind that some trademark owners with valid and protected trademark rights do not choose to register their marks with the USPTO so it is recommended that you also do research on state registrations and common law marks.
In addition to studying the TESS database results for similar or identical marks, according to the USPTO, it’s also important that you “closely study the listed goods and/or services to determine possible relatedness.” This information can also affect whether the USPTO will approve or deny your application.
Your attorney can also help you do trademark research and your attorney will also give you a legal opinion as to whether your proposed mark is legally safe to use.
If you and your attorney are satisfied with the trademark research results, you could then proceed to file your trademark application.
