Where can I access the USA trademark database?

[ricky65]

I wanted to search the USA trademark database to see if a domain I wanted to register is a trademark but I can't seem to find it. Help appreciated.

 

[DNK.it]

I wanted to search the USA trademark database to see if a domain I wanted to register is a trademark but I can't seem to find it. Help appreciated.

Advanced USPTO Site Search

 

[ricky65]

Advanced USPTO Site Search

Thanks for the link

 

[jberryhill]

There is no "USA trademark database".

You have been provided with a link to the database of federally registered marks, cancelled registrations, and pending and abandoned applications.

In the US, trademark rights arise through use in commerce of a word, phrase, or symbol that is a distinctive identifier of the source or origin of the goods or services so marked. There are also state trademark registration systems.

Accordingly, there is no "database of trademarks" in the United States.

 

[accent]

... word, phrase, or symbol ...

This last, symbol, is important to remember. You cannot trademark "food" for all purposes, but you can trademark a distinctive script logo of the word, and you can trademark the term food as the name of your new video game, if someone else hasn't done that before you. Thus there can be, and are, many trademarks on the same word.

Which is a problem because it seems sometimes UDRP panels treat all trademarks as exclusive rights.

At least IMHO, I defer to John if he disagrees.

 

[jberryhill]

Which is a problem because it seems sometimes UDRP panels treat all trademarks as exclusive rights.

There is a very inconsistent treatment of logo marks, and it is a panelist-dependent issue.

Some panelists have adopted a bizarre reasoning under which "since the graphical component cannot be reflected in a domain name, then we'll ignore that". The more I reflect on that, the stranger it seems. In other words, since the domain name can't really be similar to the mark, we'll just say that it is.

There is a pretty good review of the topic here:

Decision

Here, as in Province of Brabant Wallon v. Domain Purchase, NOLDC, Inc., D2006-0778 (WIPO Oct. 18, 2006), the Panel concludes that the figurative element is an essential element of Complainant’s registered mark. It is the most distinctive element in the trademark sense and in the eye-catching sense. Although the domain name <gamexchange.com> is identical to the disclaimed expression GAME EXCHANGE which, in telescoped form, comprises part of the mark, it is neither identical nor, as the Panel finds, confusingly similar to the mark as a whole. The expression being wholly descriptive, in the Panel’s opinion people will not wonder whether there is an association between the domain name registrant and the proprietor of the mark.

 

[Green Moon]

There is no "USA trademark database".

You have been provided with a link to the database of federally registered marks, cancelled registrations, and pending and abandoned applications.

In the US, trademark rights arise through use in commerce of a word, phrase, or symbol that is a distinctive identifier of the source or origin of the goods or services so marked. There are also state trademark registration systems.

Accordingly, there is no "database of trademarks" in the United States.

Jberryhill is absolutely correct that there is no single database of trademarks, since trademark rights arise through use. However, there are search firms that maintain proprietary databases that are culled from a variety of sources such as telephone books, trade association membership lists, state trademark registrations, etc... that come relatively close to being comprehensive. Access to those databases is available only to those who pay.

 

[-MGS-]

Good link rep added but Jberryhill has hit th enail on the head with this one. Alot of research in many differnt methods will aid in the search for TM issues.

 

[accent]

For three and four letter domains and dictionary words the problem is a bit different. There are likely to be many trademarks for each word or LLLL, each TM carving out a bit of the economy, supposedly unrelated to the generic meaning.