Trademark FAQs - related questions & answers

Question: How do I find out whether the mark I’ve chosen is already registered?

Answer:
It is strongly suggested that you search federally registered trademarks and service marks, since a federally registered mark generally preempts a state issued registration.

Question: Should local businesses care what trademark someone else in another part of the country is using?

Answer:
Yes. Vast numbers of businesses, even local, have put up their own websites, creating the potential for confusion in the marketplace.

Question: Is it advisable to conduct a search of the Office records before filing an application?

Answer:
Yes. You may conduct a search free of charge on the USPTO website using the Trademark Electronic Search System (TESS).
 

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