Where do you check for existing trademarks ?

[sm]

Hi,
Was thinking of conducting a search for certain terms that "might" be trademarked, before going ahead and registering a domain name. Now, certain names are well known ... but there are others that one may have no clue about ..... so how do you people search for existing trademarks? Are there any definitive websites out there where you can conduct a search .?

Thanks for any and all suggestions

 

[DotUSDomains]

Hi,

This is the most popular i would say.

www.uspto.gov

There are lots more but i use this one.

 

[AHA7]

Hi,

This is the most popular i would say.

www.uspto.gov

Thanks for the link, moneyraker!

 

[sm]

thanks a lot !!

 

[jberryhill]

This one makes more sense:

www.google.com

The reason it makes more sense is that the uspto database is limited to pending applications, refused applications, Supplemental Registrations, and Principal Registrations of record in the United States. Whether someone has a trademark and whether they have decided to attempt to register their trademark are two entirely separate questions.

However, IF a term is distinctively associated with a particular party within a given class of goods and services is fairly discernible using Google.

 

[Hostnetric]

This one makes more sense:

www.google.com

The reason it makes more sense is that the uspto database is limited to pending applications, refused applications, Supplemental Registrations, and Principal Registrations of record in the United States. Whether someone has a trademark and whether they have decided to attempt to register their trademark are two entirely separate questions.

However, IF a term is distinctively associated with a particular party within a given class of goods and services is fairly discernible using Google.

I have to agree with him on this. Sometimes uspto does not have all the actual names and if you register a domain and begin using it without knowing for sure you are leaving yourself wide open to the possibility of being sued.

Kevin

 

[sm]

you're right about services which make extensive use of their trademarks, so much so, as to come up on a google search... but I was looking for a sure thing ... something that I can actually rely on.

 

[wasistdas]

I agree. Better use SE to check if TM is not registered.

 

[Hostnetric]

you're right about services which make extensive use of their trademarks, so much so, as to come up on a google search... but I was looking for a sure thing ... something that I can actually rely on.

Use the Search Engine to find anyone using that name and then have a professional search it, but most people are not going to pay for the professional so there is no sure way to do on your own unless you spend a large amount of time to research it. So the question would come if you are in doubt after looking on the search engine and finding that someone is using that name, but does not show up in the http://www.uspto.gov/ than do you register the domain?

I would just say that you should not. The legal aspect is that even if not trademarked the person using it may have a legal right to it still by virtue of having used the name for a long period of time. Most likely not worth your time and effort in that case.

Good Luck

 

[stscac]

Existing trademarks don't necessarily have to be registered. If you're using a trade name to represent your business or a product of your business, and someone infringes on that name, you have a right to prove that you "own" the rights to that name, since you've been using that name as representation of business or product.

-Steve