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The extreme importance in utilizing a USPTO TESS SEARCH before ever choosing or investing in a name

Posted by Steve Vondran | Mar 11, 2022 | 0 Comments

Attorney Steve® Trademark Law Essentials - SEARCH FOR TRADEMARK CONFLICTS BEFORE YOU INVEST!!! SearchTESS.com

search for conflicting trademarks on TESS

Tess Search Link - Here it is!!!

SEARCH FOR YOUR MARKS NOW

Introduction

I see so many people literally WASTE THEIR MONEY by FAILING TO USE THE SIMPLEST TOOL ON EARTH to see if someone is already using the brand (trademark or service mark) you want to use.  If someone else is using it, PICK SOMETHING NEW. 

This applies to:

  1. Registering domain names (including expired domains) - why buy a domain name that a brand owner will sue you for in a UDRP proceeding (and try to get you to transfer your domain name to them FOR FREE)?
  2. Naming a book series Title (ex. Harry Potter) - see if someone else has already trademarked
  3. Choosing a band name - (ex. Metallica or Aerosmith)
  4. Picking a company names (ex. MagiciaSoft)
  5. Product names (ex. Turbilizer2050)

What if I find a Trademark that says "DEAD" can I use it?

Typically, that means the trademark has been abandoned.  Per the USPTO:

“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.” 

However, before you move forward and use the name, here are four key considerations:

  1.  Has the mark been abandoned for more than 5 years? Typically, a mark will be deemed abandoned after three years (if there was an intent to abandon) 
  2. Do a search, is the company still doing business?  They may have some common law rights.
  3. Why did the last trademark owner let it expire?  Has the name become generic?
  4. Run a thorough search to see if the mark is still being used.

Contact a Federal Copyright and Trademark Law Firm

Our firm can help with a variety of IP and trademark-related issues.  From UDRP domain name disputes to trademark registration and arbitration, mediation and litigation.  Call us to discuss your brand challenges and legal issues.  We can be reached at (877) 276-5084 or fill out the contact form and we will contact you.

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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