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Can I search the trademark registration database for free?

Dave, I have a great idea for a company that I'm calling "Hot Times Hawaii" and my uncle just suggested to me that I need to check and ensure that the name isn't already a trademark of some other company or organization. I know that there's a database of trademarks, but I keep hearing that I have to pay a lawyer to do the search? What's the real scoop?


Dave's Answer:

Actually, you can search the database of the United States Patent and Trademark Office (also known more succinctly as the USPTO) for free, so you definitely don't need to pay a dime to accomplish what you want.

Let me step you through how it works, though, because it's not the most obvious interface in the world!

First off, go to the USPTO site and click on the link "Search" under "Trademarks" on the left side. You'll see a somewhat poorly designed page that prominently features:

US Patent and Trademark Office: Search Forms

Click on "New User Form Search (Basic)" and you'll be logged into their database of over three million applied for, active, and dead trademarks. Here's how that looks:

US Patent and Trademark Office: Trademark Search

Note that this is a pretty complex interface with lots of choices, but the default is usually good enough to get a basic idea of whether or not there are problems afoot with other trademarks. I'll simply type in the search term "Hot Times Hawaii" and click on Submit, to find that there's no trademark on file with this exactly phrase.

That's not sufficient, however. It's useful to also search for broader matches: let's look for just 'hot times' and see what comes up, for example:

US Patent and Trademark Office: Hot Times Trademarks
click for full-size image

There are 28 matches to the search for "hot times", including some weird ones. The most important, though, is serial #78757651, "HOT TIMES". Note that the last column shows that it's a "LIVE" trademark, so it could be a conflict with your new business name (just as you can't have, say, "McDonald's Hawaii" as your business even though McDonald's technically doesn't own that trademark, you also might not be able to use "HOT TIMES HAWAII" if it could cause confusion with customers who wouldn't know if your business was related to HOT TIMES).

Click on the trademark and we'll find out more:

US Patent and Trademark Office: Hot Times Magazine
click for full-size image

Okay, it's a magazine about chili peppers and spicy foods. You're probably okay if you're talking about some sort of nightclub / party experience on the Islands: trademarks apply within business segments, not broadly across all possible businesses, so they'd have a hard time explaining why your Hot Times Hawaii business was confusing their chili magazine readers. :-)

If you scroll dow on the original page of matches, you'll see that there are a few more trademarks registered for "HOT TIMES", but they're dead. Since they're to do with an entertainment publication and doll clothes (!!) they're not a problem either.

Anyway, you can see the basic process of exploring the patent and trademark database from the US government. It's completely free, but please, don't misconstrue what I'm writing as any sort of legal advice. I'm reasonably knowledgeable about trademark and copyright issues, but I'm definitely not a lawyer, and this information should not be construed as legal counsel!



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Comments

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Posted by: Nabil at May 22, 2007 11:46 AM

Dear Dave,

If you want to keep track of new trademarks and trademarks published for opposition then check out www.GazetteGobbler.com - the world's only multi-country trademark search engine.

And www.GazetteGobbler.com is absolutely free for you to use!

Please make sure to use this service daily to keep tabs on your clients' trademarks and their competitors. Your searches will find exact trademark matches, plus similar trademarks through our amazing "sounds-the-same" software technology.

For searching hints, like limiting your search by country and per class, please scroll to the bottom of the main page and click on "About" to learn more...

Plus its a great way to discover up-and-coming new products from the world's most amazing companies like Apple Inc, Google, Coca Cola and your own favorite brand leaders!

More countries and jurisdictions will soon be added such as the CTM and Hong Kong.

Happy Searching and please feel free to distribute this email to your trademark colleagues and overseas associates.

Many thanks!

The GazetteGobbler.com Team

Posted by: Alicia Beverley at September 19, 2007 5:53 AM

I have a lot to say, but ...
Starbucks coffee cup I have a lot to say, and questions of my own for that matter, but most of all I'd like to say thank you for all your efforts on this Web site by buying you a chai!

I do have a comment, now that you mention it!









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