Possible trademark issue - please advise

[bhawk91.com]

I own nichescript.com and recently found out about Affiliate Niche Script. I've checked the TESS database and do not see that the term 'nichescript' is trademarked.

My question is, when unsure if a term or phrase is trademarked, is using the TESS database a black and white method to finding out if I'm in the clear with regard to the law? Basically, if the search term in question provides zero results, should one assume they do not have to worry about trademark infringement?

Many thanks.

 

[Dave_Z]

My question is, when unsure if a term or phrase is trademarked, is using the TESS database a black and white method to finding out if I'm in the clear with regard to the law?

Nope. TESS only lists U.S.-based trademarks registered in its database, and not common-law marks. Trademarks form via commercial use (common law) rather than registration, which makes proving TMs easier.

Basically, if the search term in question provides zero results, should one assume they do not have to worry about trademark infringement?

Following my answer above, you still guard against possible TM infringement...or confusion.

While no all-in-one trademark database exists given the reality of common law TMs, including those in other countries, you can do a more exhaustive search at Google or even Trademarkia.com.