With federal trademark registration, you can file a trademark infringement lawsuit in federal court. Similarly, in the event of a court dispute over your name, common law ownership only offers limited protection. This is especially helpful if you plan to sell your products or services outside your local area. When you register a trademark with the United States Patent and Trademark Office (USPTO), however, your trademark rights protect you nationwide. One limitation of common law ownership is that your name is only protected in the geographic area where it is being used. However, common law rights only go so far. What is common law ownership?Īs you start selling your product or service, you automatically have what's called "common law ownership" of that name without having to register it formally. Here are some insights that will help you understand how to trademark a name, as well as what you need to know before you apply for trademark registration. This name is a key feature of your brand, and it's smart to protect it with a registered trademark.Ī registered trademark gives you exclusive rights to identify your product or service with that name, informs everyone that you are the owner of that trademark, and bars others from using it or piggybacking on your brand. You may e-mail While we cannot promise to answer all messages, your feedback will be considered and may lead to future improvements on TESS.Creating a unique business name is one of the most exciting parts of starting a new business. If you have thoroughly reviewed the TESS online help (accessed through HELP link, above) and still have a question (or comment or suggestion), TESS Assistance: Please do NOT contact the Trademark Assistance Center for assistance in constructing or executing searches on TESS. On Monday through Saturday, TESS will not be available for one hour from 4:00 to 5:00AM (EST) for database update. High numbers of daily TESS accesses (searches, pages, or hits), whether generated manually or in an automated fashion, may be denied access to these Individuals, companies, IP addresses, or blocks of IP addresses who, in effect, deny service to the general public by generating unusually Bulk data may be purchased from USPTO at cost. TESS is not intended to be a source for bulk downloads of USPTO data. Due to limitations of equipment and bandwidth, Select our button for the latest completeĪccess to TESS: TESS is intended for use by the general public. Update Information: TESS was last updated on Sat Aug 12 03:47: Please logout when you are done to release system resources allocated for you.Ĭlick here for a description of changes to word mark entries for standard character marks submitted via both TEAS Plus and TEAS Standard that you may wish to consider when constructing your TESS searches. This option searches the Official Gazette for marks published or registered on a particular date. Search OG Publication Date or Registration Date (Search OG) Results are returned in a dictionary-style (alphabetic) format. This option browses all fields in the database unless you limit to a particular field. NOTE: You must first use the Design Search Code Manual to look up the relevant Design Codes. This option allows you to construct word and/or design searches using Boolean logic and multiple search fields. Word and/or Design Mark Search (Free Form) This option is used to search word and/or design marks. Word and/or Design Mark Search (Structured) This option cannot be used to search design marks. If you need detailed instructions for clearing the cache, contact Thank you. If mark images do not appear when viewing search results, clear the cache in the Internet browser. Click TESS TIPS for detailed information on these and other This search engine allows you to search the USPTO's database of registered trademarks and prior pending applications toįind marks that may prevent registration due to a likelihood of confusion refusal.īefore conducting your search, you must understand the following: (1) what the database includes (2) how to construct a complete search and (3) how to interpret the search results. Welcome to the Trademark Electronic Search System (TESS). Trademarks > Trademark Electronic Search System (TESS) NoscriptText: To access different teas form Click HERE Javascript required to view site-wide navigation bar.
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