about trademarks?

Question

we are starting a business and have come up with a name. how can i be sure that it has not been registered by someone else (internationally)? and how can i register it myself, if free?

nobody, really??????????!!!

Answer 1

I listed some links where you can do some preliminary name checking. However, please be aware that this is merely scratching the surface of what's out there.

Only comprehensive research will tell you if the name is truly available. But, these links are free & a great place to start, so I'd try them out first.

Comprehensive research consists of looking at marks that are similar in Sound, Appearance or Meaning in the pending & registered Federal AND State trademark files as well as the US National Common-Law files.

There are other sites that offer free searching capabilities in conjunction with their commercial services, so I'm not able to post those links due to the Yahoo! TOS. You'll also want to check domain names & yellow pages, so simply do a search for "free domain name search" and "national yellowpages" and the appropriate links will pop up.

Are you conducting business internationally? Focus on the areas where you'll actually be conducting business as comprehensive research worldwide can be expensive especially if it's not needed yet.

To register a trademark, that's done either through your Secretary of State for a State trademark or the US Patent & Trademark Office for a Federal trademark.

If you are only conducting business in one state, then a State trademark is most appropriate. If you conduct (OR are planning to conduct) business in at least 2 states OR between the US & any other country, you can file for a Federal trademark.

Hope that helps! I wish you much success & happiness in all your ventures!

Answer 2

You can check US trademark registrations at www.uspto.gov and you can file for a trademark via that site (but it's not free).

Each country has its own system, so to be certain of international infringement, you would have to check every country. But in you have the US trademark you are a step ahead, because most other jurisdictions will check the US system as well as their own.